Now it's been a while...but you CAN get charged for impaired while riding a bicycle under human power...Sorry for the old thread bump, This was the first ebike thread I found (intentionally did not post in escooter thread).
DUI charge for 58 yo Caledon man after crashing his ebike. No charge for driving under suspension so presumably not under a current driving prohibition. Now, there seems to be a reasonably easy path to beat this charge unless it was caught on camera. "According to the Criminal Code of Canada, a motor vehicle is a vehicle that is drawn, propelled, or driven by any means other than muscular power. In the case of an e-bike, it is a “motor vehicle” when not operated using the pedals and subject to impaired driving laws." So all the accused needs to do is stick to the story that they were pedalling. It's pretty dark at night, it would be hard for witnesses (or cameras) to see if you were pedaling (assuming you weren't doing something really dumb like feet on the handlebars).
E-Bike Driver Charged With Impaired Operation
Caledon OPP have charged an e-bike driver involved in a collision with impaired operation. On July 6th just af...www.orangevilletoday.ca
Can You Get a DUI on a Bicycle?
Our advice to you is—NO. It is a bad idea. In fact, drunk cycling can be caught under the ambit of the Liquor License Act for public intoxication.
bernsteinlawgroup.ca
Not as clear cut as a DUI in a motor / ebike...but you can (apparently) get charged in some form.
But I don't know poo about the law.