Do I Need To Shovel The Sidewalk?

With the leaves falling and frost beginning to appear on our car windows, it is safe to say that Winter is around the corner…once again. With Winter comes chills, ice, and a lot of snow. Each year, individuals run into issues with shoveling snow on their driveways and on their adjacent sidewalks. If someone doesn’t shovel the snow on the sidewalk adjacent to their property, are they responsible? What if someone slips and hurts themselves because the sidewalk in front of your place isn’t shoveled. Is the property owner responsible?  

These questions arise every year so it’s important to understand your responsibilities and whether you are liable in such a circumstance. 

Do I Have to Shovel My Sidewalk? 
As with many answers in law, the answer is: maybe. 

Winter is a dangerous time for slips and falls in Ontario. Even if you do shovel, if you don’t ice the area properly, there is still great room for accidents to occur. In order to increase safety and protect the general public, many cities within the province have enacted city-specific by-laws regarding clearing snow and ice on sidewalks. Although many know that they do not own the sidewalk surrounding their property, the municipality does, a property owner may still be liable in certain circumstances. 

Since the City does technically own the sidewalk adjacent to your property, they are responsible for the maintenance of it. Section 3(1) of The Occupier’s Liability Act states that:

“An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.”

Occupiers' Liability Act, RSO 1990, c O.2

This means that the City owes a duty to any person walking along or entering a premises, the promise to take proper care so that the individual is safe. They are also responsible for the maintenance of “their” property - the sidewalk. However, as previously mentioned, there are city-specific by-laws that may put the responsibility on a property owner to clean their snowy sidewalk. If you fail to do so and a person gets injured, they may be within their right to pursue you for damages and compensation in court. 

City By-Laws Regarding Snow and Ice Removal
Some cities have enacted specific by-laws to address the issue of snow and ice removal. This is crucial to consider because although the City may hold a duty of care to individuals, certain cities still place responsibility on a homeowner to make sure their property and sidewalk is free and clear. For example:

Hamilton
In Hamilton, a property owner is required to remove all snow and ice from municipal sidewalks within 24 hours of snow or freezing rain. If an individual fails to do so, they could face penalties under the Provincial Offences Act. Section 5 of By-law No. 03-296 states that:

“…every occupant or owner shall, within 24 hours of the cessation of a Winter Storm Event, or within 24 hours of the cessation of a series of Consecutive winter storm events, remove and clear all snow and ice from sidewalks abutting the highways in front of, or alongside, or at the rear of any occupied or unoccupied lot, or vacant lot.”
By-law No. 03-296 | City of Hamilton

Failure to adhere to this by-law could lead to penalties and/or fines as high as $5,000.

London
In London, a homeowner must remove snow and ice from their designated sidewalk before 10:00am on any day that is not a holiday. Section 8.1 of the City of London By-law S-1 states that:

“(a) Every person owning land abutting a portion of the street listed in Schedule ‘C’ shall remove snow and ice from that portion of the sidewalk that is contiguous with their lot lines before 10:00 a.m. on any day which is not a holiday as defined in the Retail Business Holidays Act.
(b) Any snow or ice which is found on a sidewalk on a portion of street listed in Schedule ‘C’ of this by-law after 10:00 a.m. on any day which is not a holiday as defined in the Retail Business Holidays Act may be cleared, treated or removed at the direction of the City Engineer without notice to and at the expense of the owner of the abutting land and such expense may be recovered by action or by adding the costs to the tax roll and collecting them in the same manner as municipal taxes.”

Streets By-law - S-1 | City of London

Toronto
In Toronto, per the Toronto Municipal Code Chapter 719, every residential or business property owner is required to clear any snow or ice within 12 hours of the snowy incident. Section 719-2(A) states that:

“Every owner or occupant of any building must, within 12 hours after any fall of snow, rain or hail has ceased, clear away and completely remove snow and ice from any sidewalk on any highway in front of, alongside or at the rear of the building.”

Section 719-2(B) states that:

“After the removal of snow and ice, if any portion of the sidewalk becomes slippery from any cause, the owner or occupant must immediately and as often as necessary apply to the sidewalk ashes, sand, salt or some other suitable material so as to completely cover the slippery surface.”

Ottawa
In Ottawa, although there is no outlined time constraint to clear ice and snow from your adjacent sidewalk, the city’s by-law does still address snow removal.

By-law No. 2005-208 – Section 5 (Snow and Ice) states that:

“Every owner or occupant of a building shall keep the roofs of the building and the surrounding lands free of accumulations of snow or ice that might create an accident hazard.”

Property Maintenance (By-law No. 2005-208) | City of Ottawa

Failure to follow this by-law will likely result in issuance of a notice and/or a financial penalty.

Because there are other cities that have either enacted snow removal by-laws or are in the process of doing so, it is important that you make yourself aware of the by-laws specific to your city to avoid issuance of non-compliance notices or fines.

Is A Landlord Responsible For Shoveling?

Yes.

Although a landlord may ask a tenant to shovel the snow, the landlord is ultimately responsible here. The Maintenance Standards Regulations are in place to provide guidelines to landlords to ensure that they are in compliance with the maintenance standards outlined in the Regulations.

Section 26 (1) of this Regulation states that:

“Exterior common areas shall be maintained in a condition suitable for their intended use and free of hazards and, for these purposes, the following shall be removed.

1. Noxious weeds as defined in the regulations to the Weed Control Act.
2. Dead, decayed or damaged trees or parts of such trees that create an unsafe condition.
3. Rubbish or debris, including abandoned motor vehicles.
4. Structures that create an unsafe condition.
5. Unsafe accumulations of ice and snow. “
Maintenance Standards, O Reg 517/06

If a landlord fails to remove snow and ice from your property, they may be liable for any slips and falls you or someone else experiences. They could also face penalties and fines. As a tenant, this is important information to keep in mind if your landlord asks you to engage in maintenance work like shoveling.

Winter comes every year but that does not mean that it comes without unpredictability. To avoid unnecessary notices and fines, always make yourself aware of your city’s snow shoveling by-laws and practice safe sidewalk maintenance. Don’t make your winter season more burdensome than it has to be. Grab your mitts, shovel, salt, and be proactive.

Stay warm & safe!