Winter in Ottawa is beautiful, but it comes with its challenges, particularly when snow and ice are involved. Every year, slips, falls, and accidents remind us that clearing snow isn’t just a seasonal task; it’s a legal responsibility. So, who is actually responsible for clearing the snow? Is it the city, homeowners, landlords, or tenants? Knowing the rules can help you stay safe and avoid liability.
Clearing Snow on Sidewalks
Sidewalks are one of the most common areas where snow and ice cause accidents. Under Ontario’s Municipal Act, the City of Ottawa is responsible for maintaining sidewalks in a state of reasonable repair. This means the city must take care of hazards that could cause injuries, but there are limits.
The law is clear: the city is generally not liable for injuries caused by snow or ice on a sidewalk, unless the harm results from gross negligence. For example, if the city ignored a dangerously icy sidewalk for an unreasonable amount of time, it could be held responsible.
If you are injured due to snow or ice on a sidewalk, it’s important to act quickly. The Municipal Act requires written notice to the city within 10 days of the injury. Your notice should include the date, time, and location of the accident, and it must be sent to the city clerk, either directly or by registered mail.
Understanding these rules can help you protect your rights while staying safe in Ottawa’s winter weather. If you’re unsure whether you have a claim, speaking with a lawyer can clarify your options and help you take the right steps.
Snow Removal on Private Property
If you are on private property, whether it’s a home, store, or small office, the Occupiers’ Liability Act applies. This Act requires that occupiers take reasonable care to ensure that people visiting their premises are safe by clearing snow and ice from walkways, driveways and entrances. Occupiers include:
- A person who is in physical possession of premises, or
- A person who has responsibility for and control over the condition of the premises or the activities there carried on, or control over persons allowed to enter the premises,
If you are injured on private property due to snow or ice, you must notify the occupier or any independent contractor employed by the occupier to remove snow or ice on the property during the time of the accident in writing within 60 days of the incident.
The notice must include:
- The date, time and location of the incident; and
- Be served either personally or sent by registered mail. The occupier of the property could be the owner, a property manager, or, in some cases, a contractor hired to handle snow removal. Importantly, hiring a contractor does not eliminate the property owner’s ultimate responsibility for safety.
Contractors and Snow Removal
Private contractors removing snow from private properties must be licensed and follow the City’s Licensing By-law. Snowplow contractors operating in Ottawa are required to have a business license. It is the shared responsibility of the snowplow contractor and homeowner to ensure proper snow removal. Hiring a professional service offers consistent, reliable maintenance that meets municipal deadlines. Be wary of door-to-door scams and high-pressure sales tactics when hiring snow removal contractors. Failure to remove snow can lead to fines, insurance issues, lease disputes, and serious injury claims.
The case of Musa v. Carleton Condominium Corporation No. 255 illustrates how independent contractors may be liable. In Musa, a property management company was responsible for the winter maintenance of the condominium’s property. However, during a 2016 snowstorm in Ottawa, the maintenance company failed to pre-salt the roadways in advance of the storm and, despite having plowed the roadways, waited more than 7 hours after the snowstorm began to apply salt. This caused ice to form, which resulted in a slip-and-fall injury. The court found that the company breached its duty of care to take reasonable care so that residents walking on the condominium’s roadway were reasonably safe.
Do I have to remove snow from my driveway?
Yes. As a homeowner, you are responsible for snow removal on your property, including driveways and walkways. After plowing, homeowners are responsible for removing their own driveway windrows and snow windrows. Snow windrows and piles can build up at the end of driveways during plowing, and it is the homeowner’s duty to clear these accumulations. Homeowners should not push snow onto streets, sidewalks, or public areas, as this is prohibited.
Snow Removal on Rental Properties
For rental properties, you must look at Ontario’s Residential Tenancies Act (RTA), provincial maintenance regulations, and local by-laws. Together, these rules place the primary legal responsibility on landlords, especially when it comes to safety. Snow and ice removal obligations apply to various types of buildings, including multi-unit residential and commercial structures, and are not limited to single-family homes.
Under s.20(1) of the RTA, landlords must maintain the residential complex in a good state of repair and comply with health, safety, housing and maintenance standards. Section 2(2) of Ontario Regulation 517/06: Maintenance Standards says that unless otherwise provided, landlords shall ensure that the maintenance standards in this Regulation are complied with. Section 26(1) then says that exterior common areas shall be maintained in a suitable condition and that unsafe accumulations of ice and snow shall be removed. Common areas typically include shared walkways, entrances, parking areas, and stairs used by more than one tenant.
Landlords sometimes attempt to shift snow removal duties to tenants through lease clauses. Ontario courts have repeatedly said this cannot be done as part of the tenancy itself. In Montgomery v. Van, the Court of Appeal ruled that a lease clause stating that tenants were “responsible” for snow removal in common areas conflicted with the RTA and was therefore void. While a landlord can hire someone to remove snow, including a tenant acting as a contractor, any such arrangement must be a separate, severable contract with clear duties and consideration. In other words, it must create a severable contractual obligation, it cannot simply be part of the lease.
However, tenants aren’t always off the hook. In Crete v. Ottawa Community Housing Corporation, the Court of Appeal confirmed that landlords are not required to clear snow from areas used exclusively by a tenant. If a lease clearly requires a tenant to maintain a private area such as a personal driveway, private walkway, or an entrance that only you use, that obligation is enforceable.
Is snow removal the landlord’s responsibility in Ontario?
Landlords must ensure their rental properties remain safe for tenants and visitors year-round, including managing snow and ice on areas used by tenants. Failure to remove snow can result in fines, legal claims, and insurance issues for landlords.
Ottawa By-Laws and Property Maintenance
In addition to provincial laws, Ottawa has municipal by-laws that govern snow and ice removal. According to By-Law No. 2005-208, property owners and occupants must keep building roofs and the surrounding lands free of snow and ice that could cause accidents. This applies to homeowners, landlords, tenants, and business owners alike. While no specific timeframe is set for snow or ice removal, this by-law mandates proactive action, as failure to comply may lead to legal liability in the event of an injury.
Conclusion
Understanding your responsibilities is crucial since snow and ice are more than just a winter inconvenience in Ottawa, they are a legal responsibility. Sidewalks, private property, and rental properties each have rules about who must clear snow and keep areas safe. Generally, the city maintains public sidewalks but is only liable for gross negligence. Property owners must ensure reasonable safety on their premises which is why they should clear snow promptly and consider using salt and sand to prevent ice from forming. Finally, landlords must take care of shared spaces in rental properties. While tenants may be responsible for areas they use exclusively, they cannot be made responsible for common areas by law.
By understanding these rules and taking proactive steps to manage snow and ice, Ottawa residents, landlords, and tenants can stay safe and avoid legal problems during the winter months.
