Transportation - Cycling

Cycling Legislation

April 2007

The Right to a Healthy Environment is a Human Right.

Following up on Cyclists’ Rights and Responsible Governance letter submitted to the Toronto Budget Committee, an application for review for new Acts, law, or regulations to the Provincial government was submitted to the Environmental Commissioner of Ontario. A revised application was also submitted to a Member of Provincial Parliament to be proposed to the Ministry of Transportation.


AIR POLLUTION COALITION
761 Queen Street West, Suite 101
Toronto, ON M6J 1G1

Mr. Gord Miller
Environmental Commissioner of Ontario
1075 Bay Street, Suite 605
Toronto, ON M5S 2B1

12 April 2007

Dear Mr. Miller:

This is to request that the Ministry of Environment and the Ministry of Municipal Affairs and Housing review the need for new Acts, law, or changes to the Provincial Policy Statement under the Planning Act to protect the environment, transportation and work conditions of bicycling couriers and commuters.

Whereas there is inadequate regulation of air pollution and lack of an integrated bicycling urban infrastructure in the city of Toronto, there is a disproportionate impact on the health and safety of couriers and commuters.

  1. Cyclists’ civil rights in choice of mobility, safety and health have been compromised and overlooked. All levels of government are responsible for the due care and protection of residents’ right to security and right to life. Yet, lack of the implementation of cycling transportation plans have contributed to 7,590 bicycle collisions since 1998. The Toronto Regional Coroner’s Report , 1997 and the Toronto Bicycle/Motor-Vehicle Collision Study, 2003 attest to unsafe and insubstantial infrastructure.

  2. Lack of sustainable development has a pronounced effect on cyclists’ health due to undue proximity to automobile emissions that exacerbate respiratory problems and migraines; thus, it is considered an unhealthy work environment for couriers.

  3. The existing disproportionate apportionment of land use space for transportation in Toronto, has contributed to extensive air pollution, environmental degradation, and socio-economic hardship to low income residents. Equity has been jeopardized.


Whereas the Municipal government of the City of Toronto has maintained that the bicycling mode of transportation is an important tool for advancing its sustainable development agenda, and that it should be held accountable for the implementation of cycling infrastructure for a safe and healthy environment,

I request that the Ministry of Environment and the Ministry of Municipal Affairs review the need for a new law or regulations to the Provincial Policy Statement under the Planning Act that would require:

  1. Municipal governments install bicycle lanes on all (Municipal) existing and new roads to be initiated with the allocation of the budget for 2007-2008.

  2. A new provincial law under the MMAH jurisdiction to address the need to enhance safety and reduce Tort Liability of contributory negligence founded upon the fault or negligence of municipalities for the damages or suffering of cyclists.

I trust that the request for a review for New Acts will be considered by the Ministry of Environment and the Ministry of Municipal Affairs and Housing in order to protect public safety in a healthy environment.

Sincerely,

Lela Gary

Cosigned in support, by: Alan Wayne Scott.
Retired, 25 year veteran, active transport messenger.