17. If a police officer stopped someone who is drunk while driving an e-bike, how would they be charged? Would this be a Criminal Code offence? HTA offence?

Drinking and driving a motor vehicle is a Criminal Code offence and charges are laid under the Criminal Code of Canada. Under the Criminal Code, the definition of a "motor vehicle" would include an e-bike and anyone operating an e-bike intoxicated could be charged for impaired driving. If convicted, the offender would be subject to the Criminal Code penalties, including a fine or jail time, and a driving prohibition. However, under this pilot regulation, an e-bike would not be a motor vehicle under the Highway Traffic Act, so penalties for impaired driving under the Act would not apply.