Injured cyclists can't sue province under amendment to new Ontario bike lane bill, NDP says
Amendments to Bill 212 also stipulate province will not pay costs for initial bike lane implementation
Opposition MPPs slammed amendments to the Ford government's controversial bike lane bill Thursday, saying these changes would create legal protections for the province if cyclists are hurt or killed after lanes are removed.
Speaking to reporters after a meeting of the Standing Committee on Heritage, Infrastructure and Cultural Policy, University-Rosedale NDP MPP Jessica Bell said new amendments to Bill 212 would make it so people could no longer sue the government if they are hurt on roadways as a result of bike lanes being taken out.
"What this means is the conservatives want to remove themselves from any responsibility if someone is injured or killed in the future," Bell said.
"It's heartbreaking, because someone will be injured or killed in the future."
The Progressive Conservative government has been fast-tracking legislation that would require Ontario municipalities to ask the province for permission to install bike lanes when they would remove a lane of vehicle traffic.
The bill also goes a step further and gives the province the power to remove the entirety of three major bike lanes in Toronto on Bloor Street, Yonge Street and University Avenue, restoring them to vehicle traffic — moves that have been loudly decried by cycling advocates.
Minister, premier dodge questions
Reporters repeatedly asked Transportation Minister Prabmeet Sarkaria Thursday if the amended bill would, in fact, protect the government from lawsuits — and each time he did not answer the question and instead pivoted to government talking points about traffic congestion.
"We believe bike lanes should be on secondary roads," Sarkaria said.
The minister was again asked questions about the issue at a news conference Friday — including if he could name what secondary roads would replace the Bloor Street bike lanes, as that is a common government refrain — once again, he offered no response other than his usual talking points.
Similarly, Premier Doug Ford similarly did not answer direct questions from reporters about legal protections at an unrelated news conference Friday morning, choosing instead to repeat the same talking points he has made for weeks.
David Shellnutt, a personal injury lawyer specializing in collisions involving cyclists, told CBC Radio's Metro Morning Friday that the province could be liable should a cyclist be injured on a road where bike lanes were removed.
"The motor vehicle is usually the primary suspect when a collision occurs, but if there are other contributing factors, like … a pothole that caused the cyclist to weave into traffic, those things also attract liability," he said. "So, it's not 100 per cent with the driver."
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Shellnut said he was unaware of any precedents for the government trying to insulate itself from liability in similar situations, and he is "keen to see" if a legal challenge results from it.
"You can't do things negligently and dangerously to your neighbour that causes them injury and get away with it," he said. "And that same principle that applies to you and I should apply all the way up to the premier."
Exact removal plans unclear
Whether or not the entirety of all three bike lanes on Bloor, Yonge and University will be removed remains up in the air, as provincial officials have provided few specifics about their plans. Sarkaria did say more than once Thursday that the bill would give the province the authority to "remove the entirety of the lanes" on those three roadways.
"People understand this has gone too far," he said.
"We need to have some common sense and reasonableness on this."
Amendments to the bill passed at the committee, but it still needs to be voted on in a third reading at the provincial legislature — though with a Progressive Conservative majority, it is likely to pass.
Opposition MPPs also took aim at other amendments to the bill Thursday, including those focused on who will pay for the removal of bike lanes.
Toronto City Manager Paul Johnson previously told CBC News that the province should be covering costs not just for the removal of the lanes, but also for their original implementation, considering staff and planning time.
One amendment introduced Thursday specifically states the province is not required to reimburse municipalities for costs incurred when bike lanes were being installed.
As the debate over this bill rages on, millions in taxpayer dollars are at stake. A Toronto city staff report from earlier this month concluded that work to remove the three bike lanes would cost more than $48 million and likely lead to only minimally faster commutes for drivers.
Sarkaria previously said the province will foot the bill for removal costs, but also said he doesn't believe the city's estimate, as it is double the price tag of the initial installation.
Ford said at Friday's news conference that he also thinks the city is inflating cost estimates, but said the province will pay for the lanes to be removed.
"You'd think we're paving the streets with gold," he said.
In response to Ford's statements, a city spokesperson again pointed to the $48 million figure contained in the previous staff report.
"The Mayor believes we can work together on a solution that works for everyone on the Etobicoke lanes and the Mayor and city council do not support Bill 212 and the province removing municipal infrastructure that keeps people safe on our roads," the statement reads.
The premier again did not answer when directly asked when the city's bike lanes might start being ripped out, but Ford said he would be working with Mayor Olivia Chow directly to do so.
Speaking at the committee meeting Thursday, Oshawa NDP MPP Jennifer French accused the province of advancing a plan with the twofold distinction of being expensive and dangerous.
"This is a political decision and people are going to be killed," she said.
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With files from The Canadian Press