Keddy Access Trail, built after cyclist killed there, among Hamilton bike lanes up for provincial review

A separated bike lane up Hamilton Mountain's Claremont Access – built after a kindergarten teacher was killed while cycling there – is one of at least 16 bike lanes that could be up for review by the province after it passed a bill aimed at protecting car lanes last week.

The Ontario Legislature passed Bill 212, titled "Reducing Gridlock, Saving You Time Act, 2024" on Nov. 25. It requires provincial approval for any new bike lanes that remove a lane of traffic, and for municipalities to demonstrate the lanes would not negatively impact traffic flow. 

It also includes a regulation that calls for the removal of specific bike lanes in Toronto, and allows the province to review bike lanes that have been already built and force cities to return them to car traffic. Minister of Transportation Prabmeet Sarkaria has said municipalities will have to retroactively justify any such cycling infrastructure installed in the last five years.

On Monday, at the City of Hamilton public works committee meeting, city staff provided councillors with a list of municipal bike routes that fall under that classification. They include the Keddy Access Trail, named after Jay Keddy, a 53-year-old father of three who was killed in 2015 after being hit by a driver from behind on the Claremont Access while biking home from work.

"I miss him so much, and although it does not bring him back, I am so glad this trail is now here for everyone's safe transportation," said Keddy's daughter, Katharina Della Pia, when the trail opened in 2020.

The trail is the only protected cycle track connecting Hamilton's lower city with the Mountain.

Other local lanes that could be reviewed by the province include the cycle track on Victoria Avenue, protected uni-direction bike lanes on Hatt Street in Dundas and sections of the Hunter Street bike lane downtown. See below for a full list of bike lanes that could be subject to review.

Staff says new law contradicts other provincial policy

The list came as councillors discussed the city's response to the new provincial law. Last month, they passed a motion opposing "any proposed provincial initiative that seeks to restrict or limit the autonomy of municipalities in implementing road safety measures, including the establishment and or removal of bike lanes or bike infrastructure," as described in Monday's staff report.

City staff have prepared a response to the law as well, which includes concerns that it directly contradicts the provincial strategic plan, which aims to help "Ontario's most vulnerable by keeping costs down and continuing to reduce red tape to put money back into the pockets of the people of Ontario." 

"Bike lanes and active transportation infrastructure are critical and provide an accessible, healthy, safe and affordable means of transportation," states the response, signed by Brian Hollingworth, Hamilton's director of transportation planning and parking.

His submission also notes that details on how the new approval system will work are scant or unavailable. He believes it will add time, cost and bureaucracy to city projects, and says it is not clear whether bike lanes that remove parking spots are also covered by the legislation.

Bill made law five days after public feedback deadline

Ward 9 Coun. Brad Clark was Ontario's Minister of Transportation in 2001 and 2002, in the Progressive Conservative government of premier Mike Harris.

On Monday, Clark called out Doug Ford's government for its lack of apparent interest in public consultation on this issue, noting provincial legislators approved the bill only five days after the public feedback deadline.

"To fake a consultation is troubling," he said. "All those folks who provided comprehensive, well-written letters… were given complete short thrift because the province did not take into consideration any of those comments."

CBC Hamilton reached out to the Ministry of Transportation for comment. Spokesperson Tanya Blazina said ministry staff "reviewed and considered" all the public submissions.

"To enable a timely review, submissions were read daily throughout the 30-day posting period by staff from across the ministry," she said in an email. "A decision notice will be posted shortly on the Environmental Registry (of Ontario) summarizing the feedback received."

Clark called the process "totally, 100 per cent partisan," saying that is not a way to create good public policy. 

"If you're not willing to entertain expert opinions and the informed opinions of many, many people, you're really resorting to what can only be deemed as a dictatorship," he said. "I mourn the loss of the democratic institution of the Legislative Assembly."

Full list of Hamilton bike lanes that will be subject to review, according to city staff:

• Upper Paradise Road at Stone Church Road separated bike lanes.
• Emerson Street (Main Street to Rail Trail) two-way cycle track.
• John Street (Guise Street to Barton Street) two-way cycle track.
• Inverness Avenue (Upper James Street to East 8th Street) buffered bike lane. 
• Dewitt Road (Highway 8 to Barton Street) buffered bike lanes.
• Stonehenge Drive (Southcote Road to Stone Church Road) buffered bike lanes.
• King Street (Stoneybrook to Highway 8) buffered bike lanes.
• Victoria Avenue (Hunter Street to Copeland Street) two-way cycle track.
• Victoria Avenue (Burlington Street to Ferrie Street) uni-directional separated bike lanes.
• Hatt Street (John Street to Baldwin Street) uni-directional separated bike lanes.
• Hunter Street (MacNab Street to Park Street) two-way cycle track.
• Hunter Street (Liberty Street to Keddy Access Trail) two-way cycle track.
• Keddy Access Trail (Hunter Street and West 5th Street).
• Melvin Avenue (Walter Street to Woodward Avenue) painted bike lanes.
• Locke Street (King Street to Hunter Street) painted bike lanes.
• Britannia Avenue (Cannon Street/Barons Avenue to Walter Avenue) buffered bike lanes.