Electric scooters (or e-scooters) have become increasingly popular across Ontario. They’re a convenient and eco-friendly way to get around—especially once the snow melts and the sun comes out.
But many riders don’t realize that these scooters raise complex legal and insurance issues if an accident happens.
Do I need Insurance to ride my E Scooter?
The short answer? It depends.
In Ontario, you can’t drive a motor vehicle on public roads without insurance. That’s the law under the Compulsory Automobile Insurance Act. The Insurance Act takes it further: if you’re in a crash while riding an uninsured motor vehicle, you lose the right to sue for injuries — even if the crash wasn’t your fault.
So, the key question becomes: Is your e-scooter considered a motor vehicle?
How are E Scooters Defined Under Ontario Law
To address the rise of e-scooters, Ontario passed Regulation 389/19 in 2019. This regulation allows municipalities to participate in a pilot program that permits e-scooters on public roads under specific conditions.
According to the regulation, an electric kick scooter is not considered a motor vehicle and therefore doesn’t need insurance, if it meets all of the following criteria:
- (a) two wheels placed along the same longitudinal axis, one placed at the front of the kick-scooter and one at the rear,
- (b) a platform for standing between the two wheels,
- (c) a steering handlebar that acts directly on the steerable wheel, and
- (d) an electric motor not exceeding 500 watts that provides a maximum speed of 24 kilometers per hour;
If your e-scooter meets these criteria and you are riding in a city that has opted into the pilot project, you do not need insurance.
The Toronto Exception: E-Scooters Are Not Permitted
The tricky part, at least for Toronto residents, is that the City of Toronto has not opted into the pilot program. In Toronto, e-scooters are technically prohibited on public roads, sidewalks, and bike lanes. Simply put: riding an e-scooter in public spaces in Toronto is against the law. For more information, you can look at the City of Toronto’s website.
Even outside Toronto, if your scooter doesn’t meet the technical requirements (for example, it goes faster than 24 km/h or has a motor stronger than 500 watts), it would no longer be protected under the pilot program.
The Broader Definition of “Motor Vehicle”
Outside the pilot program, we fall back on the broad definition in Ontario’s Highway Traffic Act, which defines a motor vehicle as:
“Any vehicle propelled or driven otherwise than by muscular power” (unless it falls into certain excluded categories, like streetcars or farm equipment).
If your e-scooter operates primarily on electric power, there is a legal risk that it may be classified as a motor vehicle. That would mean:
- You need insurance to ride legally;
- Riding uninsured could take away your right to sue if injured in an accident.
Why This Matters if You’re Injured
If you are involved in an electric scooter accident and your scooter should have been insured but wasn’t, you may lose the ability to:
- Recover damages for pain and suffering;
- Claim for lost income;
- Receive compensation for medical expenses and future care.
Even if someone else caused the accident, failing to have required insurance could prevent you from accessing the compensation you would normally be entitled to as an injury victim.
Therefore, before you ride an E Scooter, it is very important to check the legal status of E scooters in your municipality. Check to see if your city is part of the pilot project, and if it is, check if the E scooter you are riding meets the requirements of the project. If you own an E Scooter in a city that did not opt into the pilot project, then understand that you might need insurance to legally ride it in your city.
We Can Help
The laws around e-scooters and insurance are still evolving — and they’re easy to get wrong.
At Howie, Sacks & Henry LLP, we understand the fine print of personal injury law, motor vehicle legislation, and how it all applies to electric scooters. If you’ve been involved in an e-scooter accident, we’re here to help you understand your rights and pursue the compensation you deserve.
Contact us today for a free consultation.
