If you live in Ontario, or Canada for that matter, you’ve probably encountered lots of snow and ice in the winter. You’re probably tired of going out to shovel and salt when it’s cold, windy, and dark.

When it comes to housing, a common question asked is who’s responsible for snow maintenance in Ontario? The short answer is that the landlord is responsible (Sorry landlords!).

Read more below about why that’s the case, and how landlords can get out of this responsibility.

The Ontario Residential Tenancies Act

The Ontario Residential Tenancies Act (“RTA”) is a law that sets out the rights and responsibilities of residential landlords and tenants in Ontario. Landlords and tenants in most rental units are covered under this law.

Under the RTA, landlords are responsible for maintaining rental units, and making sure they comply with maintenance standards. This is called their statutory obligation (i.e. their obligation under law). Ontario Regulation 517/06 discusses what those maintenance standards are.

Generally, landlords are responsible for the maintenance and upkeep of rental units, inside and out. Exterior common areas which landlords are generally responsible for include roads, pathways, parking areas, and garbage storage areas. This includes making sure that these areas are free from noxious weeds, unsafe structures, rubbish, ice, and snow that cause unsafe conditions.

Passing Responsibility to the Tenant

While landlords have a statutory obligation to maintain the rental unit and remove snow under the RTA, the law doesn’t mean that landlords must physically remove snow and ice themselves. Landlords can of course delegate (i.e. hire someone) their statutory obligation. Practically, this means that landlords can hire a snow removal company or maybe a neighbourhood teen to clear snow and ice from their rental property.

However, landlords can actually meet their statutory obligation by passing responsibility for snow removal to their tenant. How, you may ask? Well, if the tenant agrees to it (in writing preferably). Think about it. If both landlord and tenant agree for the tenant to shovel their own snow for a reduction in monthly rent, what’s it to a court to decide they can’t do that?

A court in Ontario (in the case of Montgomery v. Van) has said this is allowed. But they also said that such an agreement between landlord and tenant must be in a separate agreement from the rental agreement. The reason for this is because section 16 of the RTA says that any clause in a rental agreement that is inconsistent with the law is void. So, if a rental agreement says it’s actually the tenant’s responsibility to shovel snow, that clause may be void for being inconsistent with the law and the landlord’s statutory obligation under the RTA.  

To get around the RTA, landlords and tenants should come to a separate agreement (the court called this “a severable contractual obligation” with “definite consideration for the snow removal task separate from the provision of the premises”) as to who is responsible for snow removal. This separate agreement doesn’t necessarily have to be in a separate document from the rental agreement but it needs be specific – what areas does the tenant have to clean, how often should the tenant clean, how should the snow be removed, what compensation is the tenant getting in return for taking on the responsibility, etc.

Of course, each situation is unique and may require legal advice. The bottom line is that the default is that landlords are responsible for snow removal. But tenants may take on that responsibility. In any case, whether you’re a landlord or tenant it’s best to consult with a lawyer for expert advice if you’re looking to sign a rental agreement. As such, consider using our free Legal Referral Service.

How Long Do I Have to Remove Snow?

Whether you’re a landlord or tenant responsible for snow removal, the time you have to remove snow from the property varies depending on which Ontario city you are in. Each city or municipality has local by-laws that govern when snow must be cleared. For example, in the City of Toronto it is 12 hours to remove snow from sidewalks and in the City of Hamilton it is 24 hours. Failing to do so can actually result in fines.

DISCLAIMER: articles posted in this blog are for informational purposes only. It may not be up-to-date, is not intended to serve as a comprehensive treatment of the topic, and may not be accurate. It shall not be construed as legal advice. No solicitor-client relationship is established from accessing this website and/or webpage. Nothing replaces retaining a qualified, competent lawyer or other legal professional, well versed in this area of the law to provide you legal advice.