Snow Removal Responsibilities Ontario: Landlord vs Tenant Obligations

Ontario winters bring snow, ice, and a question that causes arguments between landlords and tenants every year: who is responsible for clearing it? The answer depends on the type of property, your lease terms, and your municipality's bylaws.

This guide breaks down the legal framework so you can handle winter maintenance properly and minimize your exposure to slip-and-fall liability.

The General Rule: Landlords Are Responsible

Under the Residential Tenancies Act, Section 20(1), landlords must maintain the residential complex in a good state of repair and fit for habitation. This includes keeping common areas, walkways, parking areas, and entrances safe during winter. Snow and ice accumulation on these surfaces creates a hazard that falls under your maintenance obligations.

The Ontario Maintenance Standards regulation (O. Reg. 517/06) reinforces this. Section 26 requires that exterior common areas be maintained in a condition suitable for their intended use, which includes being clear of hazardous ice and snow accumulation.

Multi-Unit Properties: Always the Landlord's Job

If you own an apartment building, multi-unit house, or any property with common areas shared by tenants, snow and ice removal from those common areas is your responsibility. This includes:

• Sidewalks and walkways within the property
• Parking lots and driveways
• Building entrances and exits
• Stairways and ramps
• Garbage and recycling areas
• Mail collection points

You can hire a snow removal contractor or assign the task to a building superintendent, but the legal obligation remains yours. If a tenant, visitor, or delivery person slips and falls because you did not maintain these areas, you face potential liability.

Single-Family Rentals: It Depends on the Lease

For single-family homes (detached, semi-detached, or townhouses where the tenant has exclusive use of the property), you can assign snow removal responsibility to the tenant through the lease. This is common practice and generally accepted by the Landlord and Tenant Board.

However, there are important caveats:

The Lease Must Be Clear

If your lease does not address snow removal, the obligation defaults to you as the landlord. Include a specific clause in the additional terms section of the Ontario Standard Lease stating that the tenant is responsible for snow and ice removal from the driveway, walkways, and sidewalks adjacent to the property.

Municipal Sidewalk Bylaws Still Apply to You

Many Ontario municipalities hold the property owner (not the tenant) responsible for clearing public sidewalks adjacent to the property. Even if your tenant agreed to handle snow removal in the lease, the municipality will fine the property owner if the sidewalk is not cleared.

Liability Does Not Transfer Completely

Even when the tenant is contractually responsible for snow removal, you may still face liability as the property owner if someone is injured. A slip-and-fall lawsuit will typically name both the property owner and the occupant. Your landlord insurance needs to cover this risk.

Municipal Bylaw Requirements

Ontario municipalities have specific bylaws about snow removal timing and standards:

Toronto

Property owners must clear snow and ice from public sidewalks adjacent to their property within 12 hours after a snowfall ends. Failure to comply can result in the city clearing the snow and billing the property owner, plus a fine of up to $5,000.

Ottawa

Sidewalk clearing is handled by the city in most areas, but property owners are responsible for the walkway from the public sidewalk to their front door. Snow must be cleared within 24 hours after snowfall stops.

Hamilton

Property owners must clear sidewalks within 24 hours after snowfall. The city can clear it and bill the owner if they fail to comply, with additional penalties possible.

General Standard

Most municipalities require clearing within 12 to 24 hours after snowfall ends. The cleared path must be a minimum width (typically 1 to 1.5 metres) and treated with salt or sand to prevent ice formation.

Liability and Slip-and-Fall Claims

Slip-and-fall claims on icy rental properties are common in Ontario and can be extremely expensive. The Occupiers' Liability Act holds you to a duty of care to ensure people visiting your property are reasonably safe.

How to Protect Yourself

• Respond promptly: Clear snow and apply salt within the bylaw timeframe at minimum. Better yet, have it done as soon as possible after snowfall
• Document your efforts: Keep a log of when snow was cleared, by whom, and what de-icing materials were applied. Photographs with timestamps are valuable evidence
• Hire professionals: If you cannot reliably handle snow removal yourself, hire a reputable snow removal company with their own insurance
• Verify contractor insurance: If you hire a snow removal company, ensure they carry general liability insurance of at least $2 million. Get a certificate of insurance naming you as an additional insured
• Maintain adequate landlord insurance: Ensure your policy includes slip-and-fall liability coverage with limits of at least $2 million

Budgeting for Snow Removal

Professional snow removal costs vary by property type and location:

• Single driveway and walkway (per visit): $40 to $75
• Seasonal contract (single home): $400 to $800 for the season
• Small multi-unit parking lot: $150 to $300 per visit, or $2,000 to $5,000 seasonal
• Salt and de-icing application: $50 to $100 per visit

Seasonal contracts provide peace of mind because the contractor comes automatically when snowfall exceeds a set threshold (typically 2.5 to 5 cm). Per-visit pricing can be cheaper in light winters but leaves you exposed if it snows constantly.

What About Tenants With Mobility Issues?

If you have assigned snow removal to a tenant but they develop a disability or mobility issue that prevents them from safely shovelling, you may need to accommodate them by taking over snow removal. Under the Ontario Human Rights Code, landlords must accommodate tenants with disabilities to the point of undue hardship. Forcing a tenant with a physical disability to shovel snow would likely constitute a failure to accommodate.

Practical Tips for Winter Property Management

• Stock supplies in advance: Ensure salt, sand, or de-icing products are available at the property before the first snowfall. Prices spike and supply drops during major storms
• Inspect drainage: Poor drainage leads to ice buildup. Ensure downspouts direct water away from walkways and that grading slopes away from paths
• Install proper lighting: Well-lit walkways help tenants and visitors see icy patches. Motion-sensor lights at entrances are particularly effective
• Consider heated mats: For high-traffic entrances, heated walkway mats or in-ground heating systems prevent ice formation entirely. The upfront cost is high but they eliminate ongoing shovelling and liability concerns

Final Thoughts

Snow removal is not glamorous landlording, but getting it wrong is expensive. Between municipal fines, slip-and-fall lawsuits, and Landlord and Tenant Board complaints, the cost of neglecting winter maintenance far exceeds the cost of handling it properly. Set up a reliable system before winter arrives, document your efforts, and carry adequate insurance. Ontario winters are predictable. Your preparation should be too.