PART XII
MUNICIPAL BY-LAWS AND BICYCLE LANES
4 Part XII of the Act is amended by adding the following section:
Ministry approval for bicycle lanes required
195.2 (1) In the circumstances described in subsection (2), a municipality shall not construct, install or mark a bicycle lane on a highway or part of a highway under its jurisdiction and control unless the design for the bicycle lane has been approved by the Ministry and, in considering whether to give such approval, the Ministry may require information from the municipality including traffic information relating to the design for the bicycle lane and the highway.
Application
(2) Subsection (1) applies where,
(a) the design for the bicycle lane would reduce the number of marked lanes available for travel by motor vehicle traffic along any portion of or on either side of the highway where the bicycle lane is to be located; and
(b) the municipality is prescribed by regulation for the purposes of subsection (1).
Same, transition
(3) Subsection (1) does not apply if, on the day section 4 of Schedule 4 to the Reducing Gridlock, Saving You Time Act, 2024 comes into force, a contract has already been awarded or entered into for the procurement of construction, installation or marking services for the bicycle lane or, if the construction, installation or marking of the bicycle lane is to be done by the municipality and not by any party under contract, such work has already commenced.
Consideration of traffic flow
(4) When considering whether to approve the design for the construction of a bicycle lane, the Ministry may consider whether it would unduly diminish the orderly movement of motor vehicle traffic.
Ministry may review existing bicycle lanes
(5) In the circumstances described in subsection (6), the Ministry may require a municipality to provide traffic information relating to an existing bicycle lane on a highway under its jurisdiction and control, and the municipality shall comply with the request.
Application
(6) Subsection (5) applies where,
(a) the addition of the bicycle lane reduced the number of marked lanes for travel by motor vehicle traffic along any portion of or on either side of the highway where the bicycle lane is located; and
(b) the municipality is prescribed by regulation for the purpose of subsection (5).
Regulations
(7) The Minister may make regulations,
(a) prescribing municipalities for the purposes of subsections (1) and (5);
(b) governing the information that may be required by the Ministry under subsections (1) and (5);
(c) exempting any highway or class of highway from this section or any provision of it, or providing that this section or any provision of it does not apply to any highway or class of highway;
(d) providing for anything necessary or advisable for carrying out the intent and purposes of this section.
Definition
(8) In this section,
“bicycle lane” includes any portion of a highway, the use of which is wholly or partially restricted or dedicated to bicycles.