Ownership and Municipal Responsibility
In Ontario, sidewalks adjacent to properties are typically owned by the municipality, not the homeowners [1]. As a result, the municipality is generally responsible for the repair and maintenance of sidewalks [2].
Key Facts
- Ownership: Sidewalks adjacent to properties are typically owned by the municipality, not the homeowners.
- Municipal Responsibility: The municipality is generally responsible for the repair and maintenance of sidewalks.
- By-laws: Many municipalities have enacted by-laws that require homeowners to clear their sidewalks within a specific timeframe[3].
- Liability: Ultimate liability for sidewalk maintenance lies with the municipality, as they own the sidewalk.
- Homeowner Liability: Homeowners can be held liable for damages if they create hazards on the sidewalk, such as a dripping gutter or hose that causes ice[3].
- Rental Properties: Landlords are responsible for maintaining the exterior of rental properties, including snow and ice removal, unless they contractually assign this responsibility to the tenant.
- Risk Mitigation: It is advisable for homeowners to shovel their sidewalks within the timeframe specified by their municipality’s by-laws and to use sand or salt to remove ice.
Municipal By-laws
Despite municipal ownership, many municipalities have enacted by-laws that require homeowners to clear their sidewalks within a specific timeframe [3]. These by-laws vary from municipality to municipality, but generally require homeowners to remove snow and ice from their sidewalks within a certain number of hours after a snowfall.
Liability
Ultimate liability for sidewalk maintenance lies with the municipality, as they own the sidewalk [3]. However, homeowners can be held liable for damages if they create hazards on the sidewalk, such as a dripping gutter or hose that causes ice [3].
Rental Properties
Under Ontario Regulation 517, landlords are responsible for maintaining the exterior of rental properties, including snow and ice removal [4]. However, landlords can contractually assign this responsibility to the tenant.
Risk Mitigation
To mitigate the risk of liability, homeowners should shovel their sidewalks within the timeframe specified by their municipality’s by-laws. Additionally, they should use sand or salt to remove ice and avoid creating additional hazards.
Sources
- Brown Lawyers. (n.d.). Do Property Owners Have a Duty to Shovel Their Sidewalk? [Website]. Retrieved from https://www.brownlawyers.ca/do-property-owners-have-a-duty-to-shovel-their-sidewalk.html
- Beckett Personal Injury Lawyers. (2020, December 18). Do You Have to Shovel Your Sidewalk in Ontario? [Website]. Retrieved from https://beckettinjurylawyers.com/news-and-resources/shovel-your-sidewalk-ontario
- Ontario Trial Lawyers Association. (2019, February 3). Sidewalks: Do you Have to Shovel Them? [Website]. Retrieved from https://otlablog.com/sidewalks-do-you-have-to-shovel-them/
- Ontario Regulation 517/06. (2006, July 1). Landlord and Tenant Act. [Regulation]. Retrieved from https://www.ontario.ca/laws/regulation/060517
FAQs
Who is responsible for sidewalk maintenance in Ontario?
Municipalities are generally responsible for the repair and maintenance of sidewalks, as they own the sidewalks. However, many municipalities have enacted by-laws that require homeowners to clear their sidewalks within a specific timeframe.
Can homeowners be held liable for injuries that occur on the sidewalk outside their property?
Yes, homeowners can be held liable for injuries that occur on the sidewalk outside their property if they create hazards on the sidewalk, such as a dripping gutter or hose that causes ice.
Are landlords responsible for snow and ice removal on rental properties?
Yes, landlords are responsible for maintaining the exterior of rental properties, including snow and ice removal, unless they contractually assign this responsibility to the tenant.
What can homeowners do to mitigate the risk of liability for sidewalk injuries?
Homeowners can mitigate the risk of liability for sidewalk injuries by shoveling their sidewalks within the timeframe specified by their municipality’s by-laws and using sand or salt to remove ice.
What should you do if you are injured on a sidewalk due to snow or ice?
If you are injured on a sidewalk due to snow or ice, you should seek medical attention and report the injury to the municipality. You may also be able to file a claim against the municipality or the homeowner if the injury was caused by their negligence.
Who is responsible for sidewalk maintenance in other provinces and territories in Canada?
The responsibility for sidewalk maintenance varies from province to province and territory to territory in Canada. In some jurisdictions, municipalities are responsible for sidewalk maintenance, while in others, homeowners are responsible. It is important to check the laws in your specific jurisdiction to determine who is responsible for sidewalk maintenance.
What are the penalties for not clearing snow and ice from sidewalks?
The penalties for not clearing snow and ice from sidewalks vary from municipality to municipality. In some municipalities, homeowners can be fined for failing to clear their sidewalks.
What are some tips for safely clearing snow and ice from sidewalks?
When clearing snow and ice from sidewalks, it is important to use caution and avoid overexertion. It is also important to use a snow shovel that is designed for the task and to wear appropriate clothing and footwear.