Snow Shoveling Slackers

The rules about snow shoveling are usually contained in bylaws created by municipalities. For example, in Edmonton, the community standards bylaw requires that all residents “clean the public walks around their property down to the pavement within 48 hours of a snowfall”. The bylaw also requires the removal of hazardous icicles hanging from the roof of the property. The City of Calgary bylaw requires the removal of snow and ice down to bare pavement within 24 hours of a snowfall.

Last updated: January 2015

To find the snow removal bylaw where you live, consult your community’s website or call your city or municipality. If searching on a website, be careful what search terms you use, because words about snow might not be included. For example, the City of Medicine Hat covers snow removal requirements in “Bylaw 1556, to control the use of streets in the City.” In Calgary, the snow removal bylaw is Street Bylaw 20M88.

Last updated: January 2015

Most communities recommend that you try to solve the problem by yourself, by having a respectful conversation with your neighbour. This could definitely be the quickest and cheapest way to resolve a problem.

Last updated: January 2015

The City of Edmonton suggests a four-stage approach:

• discuss the concern with your neighbour;
• if this doesn’t work, record the address of the violation and a description of the problem;
• call 311 or the information hotline in your municipality or submit your complaint to a complaint line; and
• provide your name, address, phone number and details of your complaint.

Other suggestions include highlighting a copy of the relevant bylaw and leaving it in your neighbour’s mailbox, or looking to see if your community offers a neighbourhood mediation program. For information about the options available in your community, take a look at your community’s website.

Last updated: January 2015

Every municipality will have its own procedure for responding to complaints. The City of Edmonton does the following:

• a file is created listing your concerns;
• a Municipal Enforcement Officer (MEO) opens an investigation;
• the officer investigates your complaint within four business days;
• the MEO may issue a warning notice with directions to fix the problem within a set time frame, or issue a $100 fine immediately, depending on the circumstances;
• the officer may issue an order for the City to clear the snow and ice from the sidewalk and bill the property owner for the cost; and
• the City may contact you to appear as a witness if the matter goes to court.

Most municipalities have a similar procedure. Phone your municipality or check its website for more information.

Last updated: January 2015

The cost depends on the length of the sidewalk and the amount of snow and ice to be cleared. In the City of Calgary there is a minimum charge of $150.00 plus GST and an administrative fee. These costs become a debt owed by the property owner on title to the City.

Last updated: January 2015

In Edmonton, the information you provide will be used to handle your complaint, but your name and address will not be released to anyone else. Most municipalities will have a similar policy, which you can find under Freedom of Information and Privacy procedures.

Last updated: January 2015

Municipal bylaws usually only cover the removal of snow from sidewalks. However, homeowners should be aware of liability issues to do with dangerous conditions on their properties. For example, if ice and snow on your driveway pose a risk of slipping, falling and causing injury to visitors coming on to your property, then you risk being found negligent and you could be liable in tort law for their injuries.

Last updated: January 2015

No, the term “visitor” in negligence law covers anyone who isn’t a trespasser. So, the term could cover meter readers, delivery people, postal workers and others. Note also, that in extreme cases, Canada Post may suspend your mail delivery if it decides that the risk of injury to postal delivery people is too high.

Last updated: January 2015

Again, a municipality’s obligations will vary from place to place. Take a look at the website for your municipality to see what the city’s obligations are. You could also the information hotline in your community for information. For example, in Edmonton, the city is required to clear snow and ice from all trails and sidewalks adjacent to city land within 48 hours of a snowfall.

Last updated: January 2015

In Edmonton, the city is responsible for removing windrows left by city snow removal crews that are more than 30 centimetres high in front of driveways. However, anything below that height is the homeowner’s responsibility to remove. If you have a complaint about city snow removal, you can call 311 or the municipal complaint line in your community.

Last updated: January 2015

If you are now formally a part of the encroaching municipality, then you are subject to its bylaws, including its snow removal bylaws. You may also be liable in negligence law for any injuries a visitor to your property suffers. The Supreme Court of Canada dealt with just this situation in the 1991 case of Waldick v. Malcolm. In this case, homeowners did not shovel, sand, or salt their parking area or driveway in front of their farmhouse and they argued that no one else in their area did either. A visitor to their property fell and was injured. The Supreme Court of Canada wrote: “No amount of general community compliance will render negligent conduct reasonable in all the circumstances.”

Last updated: January 2015

Most cities and municipalities will have programs in place to help. Both Edmonton and Calgary have an innovative program called “Snow Angels.” It encourages people to “adopt” an elderly person or a person with disabilities and shovel their sidewalks for them on a volunteer basis. It is an awareness and recognition program. A Snow Angel receives recognition from the Mayor and is automatically entered to win prizes. There is a schools program too, that encourages school children to be Snow Angels.

In addition, many seniors’ organizations have programs whereby an elderly person can register for help and be referred to an agency that will provide snow shoveling services. However, usually, the senior must pay and negotiate the rate directly with the service provider.

The City of Calgary has some help for low-income seniors under its City Links Program. Call 311 in Calgary for more information.

Last updated: January 2015

Mediation may not be available in every municipality. You will have to check to see if it is an option for you where you live. In Edmonton, for example, the city does not provide a mediation service. It refers you to the Mediation and Restorative Justice Centre, which offers mediation for neighbourhood disputes, including snow removal. It would be up to you and your neighbour to make arrangements for mediation. The City of Calgary states that its bylaw enforcement officers are trained in conflict resolution and mediation to better assist in neighbourhood issues.

Last updated: January 2015

As the property owner, you are responsible for the removal of the snow from the sidewalks adjacent to your property. You may have made an arrangement with your tenant in a written lease about snow removal, but as the property owner, the municipality will be looking to you for compliance.

Last updated: January 2015