Snow removal laws in Ontario can be a slippery slope to navigate. While many assume it's the city's job to clear the sidewalks, that's not always the case. Homeowners have a role to play. Let's dig into the details of snow removal laws and who is responsible when things get icy.
Generally, the municipality is responsible for the removal of snow and ice from sidewalks under the Occupiers' Liability Act and Municipal Act.
However, there are many municipalities across Ontario that have enacted by-laws that defer the responsibility to home and business owners. For example:
• London City By-Laws require owners who live on specific streets to clear their sidewalks of ice and snow by 10:00 a.m. on any day that is not a holiday. These applicable streets are classified as the "Central Business District" and include most major streets in downtown London.
• In Kitchener and Waterloo, property owners are required to clear the sidewalks around their property of snow and ice within 24 hours of a snowfall.
• The Toronto Municipal Code requires the owner or occupant of any building to clear away snow or ice from a sidewalk on any highway in front, alongside or at the rear of the building within 12 hours after any snowfall.
Failure to abide by the above by-laws can result in the City removing the snow at the property owner's expense, or a fine.
What if I rent my house – do I have responsibility for snow removal in general?
In cases of necessary snow removal, the primary responsibility often falls on the landlord, particularly in terms of mitigating slip and fall liability under Ontario's snow laws.
However, a tenant can be responsible for snow removal if the tenant receives compensation for removing the snow. For example, if the landlord and tenant sign an agreement outside of the tenancy agreement that the landlord would pay the tenant $100 per month for outdoor maintenance.
In the event of a slip and fall on the sidewalk adjacent to my property, am I liable to face a personal injury lawsuit?
If someone slips and falls on snow and ice, they will most likely be able to sue the owner of the property. Typically, municipalities bear the responsibility for maintaining most sidewalks, thereby reducing slip and fall liability for property owners under local snow laws. If someone slips on the driveway or steps up to the front door, they could sue the homeowner.
In addition, a homeowner could be sued for a fall on the sidewalk if they caused a hazard that led to the fall. For example, running a hose over the sidewalk to make a mini ice rink, or running a drainage hose from a gutter that causes water and ice accumulation on the sidewalk.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
