The British Columbia government has introduced new regulations governing the use of e-bikes. The Motor Assisted Cycle (E-Bike) Regulation came into force on April 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. The new regulation is intended to bring clarity as to what types of e-bikes are permissible on BC roads.
Manufacturers, sellers and users of e-bikes in BC should review the new regulation so they can ensure their e-bikes are compliant for use on BC roads.
E-Bike Regulation in Canada Generally
E-bike regulation in Canada is currently a hodgepodge of provincial regulations relating to e-bike use under provincial motor vehicle statutes. This patchwork quilt of provincial regulation governing the use of e-bikes on roads, rather than the design and safety of e-bikes themselves, largely flows from Transport Canada's 2021 decision to stop regulating most e-bikes under the Canada Motor Vehicle Safety Regulations.
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 ("CCPSA"), 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. As a result, the design, manufacture and safety of e-bikes in Canada is now largely unregulated.
In the absence of federal regulation over e-bikes, the e-bike regulations currently in force in Canada are provincial regulations governing the use of e-bike on roads. These regulations vary from province to province but largely restrict e-bike use to e-bikes with motors not exceeding 500 watts and a maximum speed of 32 kmph. 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 the United States Consumer Product Safety Commission has now stated its intent to formally regulate the design and safety of e-bikes, it is hoped that the Health Canada Consumer and Hazardous Products Safety Directorate will take similar steps.
Summary of New BC Regulation
The key provisions of the new BC regulation are as follows:
- Creates two categories of e-bikes: "standard" e-bikes and "light" e-bikes
- Standard e-bikes:
- Cannot have motors exceeding 500W "continuous power output rating";
- Must have a maximum speed of 32 kmph;
- Can have either pedal or throttle operated motors which can be disengaged;
- Must have brakes which meet braking standards; and
- 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 kmph;
- Are limited to pedal-operated motors (no throttle);
- Must have brakes which meet braking standards;
- Cannot be operated by people under 14 years-old on a highway; and
- Cannot be operated by people under 16 years-old on a highway if carrying or towing passengers.
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. It may be necessary for the court to clarify this ambiguity.
What E-Bike Manufacturers and Sellers in BC Need to Know
While the new BC regulation does not impose any direct obligations on manufacturers and sellers of e-bikes, users of non-compliant e-bikes on roads may be found guilty of offences under the Motor Vehicle Act. We therefore recommend that manufacturers and sellers ensure that e-bikes sold for on-road purposes meet the requirements of the new regulation. Further, where e-bikes sold in BC 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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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