E-Bikes and E-Scooters: Are the Devices Canadians Buy Actually Legal?

November 04, 2026, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Electric bikes and scooters are increasingly popular across Ontario, offering commuters and recreational riders a convenient alternative to conventional transportation. But an important question deserves more attention: does a device sold in Canada actually meet the legal requirements for use on public roads?

A CBC Marketplace investigation has raised concerns about high-speed electric mobility devices, retail practices, and consumers' ability to distinguish between products that are legal for road use and those that may not comply with provincial rules.

For Ontario consumers, the distinction matters. Buying a device from a Canadian retailer does not necessarily mean it is legal to operate everywhere, or that its advertised capabilities comply with the rules governing public roads.

What Did the CBC Marketplace Investigation Find?

The CBC Marketplace investigation examined the sale of electric bikes and scooters, including devices capable of travelling faster than the limits applicable to certain categories of vehicles.

The reporting raised questions about whether some products were marketed or sold without clear information about their legal status, including concerns about speed capabilities and the ability to bypass built-in restrictions.

These issues matter because electric bikes and e-scooters are not all governed by the same rules. Their legal classification depends on factors such as design, motor specifications, maximum assisted speed and the applicable provincial or municipal requirements.

Consumers should therefore look beyond product descriptions and promotional claims when deciding whether a device is suitable for their intended use.

Why Does the Maximum Speed Matter?

Ontario has specific requirements for e-scooters under its electric kick-scooter pilot program. These include a maximum motor output of 500 watts and a maximum speed of 24 km/h on a level surface.

Electric bicycles have a separate regulatory framework. A qualifying power-assisted bicycle generally must have operable pedals, meet prescribed motor requirements and comply with the applicable maximum assisted-speed limit.

A device that exceeds the specifications for a particular category may fall outside that category's legal definition. Depending on its characteristics and intended use, it could be subject to different requirements or prohibited from operating in certain locations.

This is why consumers should not assume that every product advertised as an e-bike or e-scooter is automatically legal for public-road use.

Can You Modify an E-Bike or E-Scooter to Go Faster?

Some devices have settings or components that can change their speed capabilities. However, the fact that a modification is technically possible does not mean that it is lawful.

Removing a speed restriction, changing a motor or modifying a controller may affect whether the device is legal for use. Modifications may also create safety concerns. Higher speeds can increase stopping distances and make it harder to maintain control, particularly on shared paths or in areas with pedestrians.

Consumers should verify the legal implications before modifying a device. Retailers and manufacturers should also provide accurate information about product specifications and applicable restrictions.

Who Is Responsible if a Device Is Defective?

When an e-bike or e-scooter causes an injury or property loss, several legal questions may arise.

Was the device defective? Was it sold with accurate specifications? Did a modification contribute to the incident? Did the rider or another road user act negligently?

Depending on the facts, potential legal issues may involve product liability, negligence, consumer protection, warranty obligations or responsibility for a collision.

A product defect does not automatically establish liability, and an accident alone does not prove that the manufacturer or retailer was at fault. The evidence must establish the relevant legal elements.

If a device's design, construction or electrical system contributed to an incident, technical evidence may be needed to determine the cause and assess whether a claim is available.

What Should Consumers Check Before Buying?

Before purchasing an electric bike or scooter, consider the following:

1. Verify the specifications. Confirm the motor output, maximum speed, operating mode and other characteristics relevant to the vehicle's legal classification.

2. Ask where the device can be used. Road access, cycling infrastructure and trail use may be subject to different restrictions.

3. Check age and safety requirements. Make sure the device is appropriate for the intended rider and that applicable helmet and age rules are understood.

4. Understand modifications. Ask whether speed restrictions can be altered and whether doing so would affect compliance, warranties or safe operation.

5. Keep the documentation. Retain the receipt, product specifications, warranty, manuals and any written representations made by the retailer.

These steps can help consumers make informed purchasing decisions and preserve useful evidence if a dispute arises.

What If You Have Already Purchased a Non-Compliant Device?

If you discover that a device may not meet the requirements for your intended use, do not assume that you can legally operate it simply because it was sold to you.

Review the manufacturer's documentation and the applicable provincial rules. Ask the retailer to clarify the specifications and representations made at the time of purchase.

If the device appears to have been misrepresented or a defect has caused a loss, preserve the documentation and consider obtaining advice about the remedies that may be available. The appropriate response will depend on the product, the transaction and the facts.

Understanding Your Rights as a Consumer

The growing popularity of electric mobility devices creates opportunities, but it also makes clear and accurate product information increasingly important.

Consumers should be able to make purchasing decisions based on reliable specifications and a clear understanding of the rules governing their intended use. When questions arise about product compliance, safety or responsibility for an injury, the evidence and applicable law will determine the available options.

Deutschmann de Koning Law understands that disputes involving products, injuries and consumer transactions can be complicated. If you have questions about a potentially defective or misrepresented electric mobility device, obtaining legal advice may help clarify your rights.

This article provides general legal information, not legal advice. Product classifications and legal requirements depend on the specific device, its configuration and where it is operated.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.