Who makes the rules with regard to snow shoveling and sidewalks?
The rules about snow shoveling are usually contained in bylaws created by municipalities. For example, in Edmonton, the Community Standards Bylaw 14600, requires that “A person shall maintain any sidewalk adjacent to the land they own or occupy clear of all snow and ice”. The bylaw also requires the removal of snow and ice hanging from the roof or awning of the property, if it extends over a highway.
The City of Calgary’s Street Bylaw M2088 requires the removal of snow and down to bare pavement within 24 hours of a snowfall.
Last updated: 2024
How will I know what the rules are in my town?
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: 2024
What can I do about my snow shoveling slacker neighbour?
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: 2024
I don’t think a respectful conversation is possible. What else can I do?
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.
You could find out if your community offers a neighbourhood mediation program. For information about the options available, take a look at your community’s website.
Last updated: 2024
How will the City respond to my complaint?
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: 2024
How much does it cost if the city sends a crew to clear a sidewalk?
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.
The City of Calgary also imposes a $250 fine for the first offence, $500 for the second, and $750 for the third and subsequent offences. The Alberta Registry Service collects unpaid fines before renewing a license or vehicle registration
Last updated: 2024
I would like to make a complaint but I am worried about retaliation by my neighbour. What should I do?
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: 2024
Am I required to shovel my driveway and sidewalk leading up to my door?
Municipal bylaws usually only cover the removal of snow from sidewalks. You will not be fined for having snow on your sidewalk.
However, you should be aware of liability issues. If snow and ice on your driveway poses a fall risk to visitors coming on to your property, then you might be found negligent and liable in tort law for their injuries.
The term “visitor” in negligence law covers anyone who isn’t a trespasser. This could include 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: 2024
The sidewalks in our neighbourhood that are not in front of homes are a snowy mess. What are the municipality’s obligations to clear these sidewalks?
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: 2024
City snow ploughs have left a windrow that is blocking my driveway. Am I responsible to remove it or is that the city’s obligation?
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: 2024
Our neighbourhood was once quite rural, but has now been encroached upon by the growth of the municipality. We have never really shoveled our sidewalks. Can we rely on our custom?
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: 2024
Are seniors and people with disabilities responsible for ice and snow removal on sidewalks and their property?
In short, yes. Snow and ice removal is the responsibility of the property owner. There is, however, many assistance programs for people who are physically unable to maintain their sidewalks.
In many municipalities, there are “snow angel” programs, where seniors and disabled people are paired with someone that voluntarily shovels for them.
In Calgary, there is also the Seniors Services Home Maintenance (SSHM) program. It is available to low-income senior citizens.
In 2024, Edmonton started the Assisted Snow Clearing Program pilot project, which will provide snow-clearing services to low-income seniors and people with disabilities.
Eligibility for snow-clearing programs are dependent on each person’s circumstances. Check with your local municipality and determine which program is both suitable and available.
Last updated: 2024
If my neighbour would agree to mediation, how would that work?
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: 2024
Who is responsible for snow removal, me or the tenant in my house?
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: 2024