Cycling infrastructure has become an increasingly important part of Ottawa’s transportation network. Across the city, bike lanes, protected cycling facilities, multi-use pathways, and other infrastructure are intended to provide cyclists with dedicated or separated space while travelling alongside motor vehicles.
Recent changes to Ontario law, however, have introduced new provincial approval requirements for certain bike lane projects.
As reported by CTV News Ottawa, the City of Ottawa is making changes to 20 projects to comply with Ontario’s new rules governing bike lanes that would replace existing motor vehicle lanes. The changes have also prompted renewed discussion about how cities should balance traffic congestion, cycling infrastructure, and the safety of everyone using the road.
For Ottawa cyclists and drivers, the important question is not simply whether there should be more or fewer bike lanes. It is how changes to road design may affect the way cyclists and motorists interact, and what happens when a collision occurs.
Ontario’s Reducing Gridlock, Saving You Time Act, 2024, commonly known as Bill 212, amended the Highway Traffic Act to create a provincial framework for certain bicycle lane projects.
Under the legislation, prescribed municipalities are required to obtain approval from Ontario’s Minister of Transportation before constructing certain bicycle lanes where the design would reduce the number of marked lanes available for motor vehicle traffic. The legislation also gives the Province authority to review certain existing bike lanes and, in some circumstances, require their removal.
The provincial government has presented the changes as part of its broader efforts to address traffic congestion and preserve motor vehicle capacity on Ontario roads. At the same time, the legislation has generated significant discussion about municipal decision-making, active transportation, and cyclist safety.
For Ottawa, the changes have practical consequences because some planned cycling projects involve reallocating existing road space. Where a project would reduce the number of motor vehicle lanes, the new provincial requirements may affect how the City proceeds with the proposed cycling infrastructure.
CTV News Ottawa reported that the City was making changes to 20 projects to comply with Ontario’s restrictions on replacing traffic lanes with bike lanes.
The City has identified cycling projects as part of its Transportation Master Plan, including projects intended to fill gaps in the existing cycling network. The new provincial requirements may affect how certain projects proceed, particularly where a proposed bike lane would require the removal of an existing motor vehicle lane.
That means Ottawa’s cycling network may develop differently than originally planned, particularly on streets where there is limited space available for vehicles, bicycles, parking, and sidewalks.
Road design, visibility, traffic volume, speed, intersections, and the behaviour of both drivers and cyclists can all affect the risk of a collision. However, where planned cycling infrastructure is changed in response to the new provincial requirements, cyclists and motorists may have to share road space differently than originally contemplated.
The way cyclists and vehicles interact can be particularly important at intersections, during lane changes, around parked vehicles, and on roads where cyclists travel alongside moving traffic. Drivers may also encounter cyclists travelling directly in a vehicle lane or transitioning between cycling facilities and shared portions of the roadway.
Changes to bike lane policy do not change the basic responsibility of drivers to operate their vehicles safely around cyclists.
Ontario’s Highway Traffic Act contains specific rules governing interactions between motorists and bicycles. For example, when passing a cyclist travelling in the same direction, drivers are generally required to leave at least one metre of space, where practicable.
Ontario law also gives cyclists an important protection when they are injured in a collision with a motor vehicle. Under section 193 of the Highway Traffic Act, a reverse onus can apply. This means the motorist may have to show that the cyclist’s loss or damage did not arise from their negligence or improper conduct.
This can be particularly important where there is conflicting or limited evidence about how a collision occurred. It does not mean the driver is automatically responsible, but it can be play an important role in determining liability.
Drivers should also remain alert for cyclists before turning, changing lanes, opening a vehicle door, or crossing a cycling facility. Intersections and transition points between bike lanes and shared roadways can be common areas of conflict, particularly where a cyclist travelling straight may come into the path of a turning vehicle.
When a cyclist is seriously injured, determining how the collision occurred may require looking beyond the final few seconds before impact.
Evidence about the roadway itself can become important, including the configuration of lanes, signage, pavement markings, sightlines, traffic signals, construction activity, lighting, and whether a cycling facility began or ended near the collision location. Dash cam footage, surveillance video, witness evidence, and photographs of the roadway may also help establish the conditions that existed at the time.
This can be particularly relevant where road configurations or cycling infrastructure have recently changed. Photographs taken shortly after a collision can help preserve evidence of the roadway as it existed at the time, especially where markings, signs, barriers, or construction conditions are later altered.
Cyclist collisions can result in serious injuries, particularly when a bicycle and motor vehicle are involved. Determining responsibility may require consideration of the actions of the driver and cyclist as well as the roadway conditions and available evidence.
If you or a loved one has been injured in a cycling accident, our Ontario personal injury lawyers can review the circumstances, explain your legal rights, and help determine what compensation may be available. Contact us today for a free consultation.
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