Snow Removal Contracts for Condo Corporations in London Ontario: What Boards Should Know

Who is responsible for snow removal at a condo in Ontario?

In most buildings, the corporation is. This is not legal advice, but generally speaking under Ontario law, section 90 (1) of the Condominium Act, 1998 says the corporation shall maintain the common elements, and roads, walkways, parking areas and entrances are usually common elements.

Section 17 (2) adds that the corporation has a duty to control, manage and administer the common elements. Snow and ice on shared areas falls squarely inside that duty, and the board answers for it even when a contractor does the work.

There is one important exception to check. Section 91 lets the declaration change who maintains what, and some declarations make owners responsible for their own exclusive use areas, such as a townhouse driveway, a porch or a balcony. Read your declaration before the season starts so the contract, the rules and your owner notices all say the same thing.

What should a condo snow removal contract include?

A good contract says exactly when the contractor comes, what they clear, what they put down and how they prove it. If a term is not written down, your board cannot enforce it on a bad morning.

Terms worth putting in writing:

• The service trigger: the snowfall depth that starts a plow visit, and how soon after a storm ends each area must be clear

• A site map showing every area covered: roads, visitor parking, walkways, steps, mailboxes, garbage areas and fire routes

• Salting and sanding: when it is applied, to which surfaces, and whether it is included or extra

• Where snow gets piled, so it does not block sightlines, drains, hydrants or accessible parking

• Site logs: the date, time and areas serviced on every visit, delivered to the manager

• Damage reporting: how the contractor reports and repairs damaged curbs, lawns and garage doors

• Term, renewal and how either side can end the agreement

Ask every bidder for a certificate of insurance that names the corporation as an additional insured. It is also worth asking for a WSIB clearance certificate. Under section 141 of the Workplace Safety and Insurance Act, 1997, a person who retains a contractor can in some cases be deemed the employer and made to pay that contractor's unpaid premiums. For the wider approach to vetting and hiring trades, read our guide: Hiring Contractors for Your Condo Corporation: What Ontario Boards Need to Know.

How do slip and fall claims from snow and ice work in Ontario?

The corporation, as occupier, owes visitors and residents reasonable care. Section 3 (1) of the Occupiers' Liability Act says an occupier owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises are reasonably safe.

Ontario added a notice rule for snow and ice injuries. Under section 6.1 (1) of the same Act, no action for personal injury caused by snow or ice can be brought against the occupier or its snow contractor unless written notice, with the date, time and location, is served or sent by registered mail within 60 days of the injury. Section 6.1 (6) lets a judge excuse late notice in some cases, so treat the 60 days as a reason to act fast, not a shield.

Section 6.1 (3) also says that when the occupier receives that notice, it must pass a copy to its snow contractor. Your manager should know where those notices go and forward them the same day.

Your contract matters here too. Section 5 (1) says a contract cannot restrict the occupier's duty to someone who is not a party to it. In plain terms, hiring a contractor does not hand off the corporation's duty to the person who slips. Clear service standards, dated site logs and an insurer who knows about the contract are what protect your corporation. For the insurance side, read our guide: Condo Corporation Insurance in Ontario: What Every Board Must Understand.

What should your condo management company handle before and during winter?

Your current manager should run snow removal as a managed contract, not a phone number on the fridge. If your board is chasing the contractor itself, that is a gap worth raising.

What that looks like in practice for a board in London Ontario or Sarnia Ontario:

• Bids requested and compared before the season, not after the first storm

• A pre-season walk of the site with the contractor to confirm the map and pile areas

• A clear owner notice on what is cleared, by whom, and what owners must do

• Site logs collected and checked against complaints and weather

• Owner reports of icy spots logged and sent to the contractor the same day

• Slip and fall notices forwarded to the contractor and the insurer right away

• A season-end review so the board can renew, rebid or tighten terms

At Sapphire Condominium Management, vendor coordination and vendor contract review are part of how we support boards, and the difference boards notice is a manager who answers on a snowy morning. Snow costs also show up across the year in your operating budget. If you would like a second opinion on your financial statements, you can request a free financial review on us.

When should a London condo board sign its snow removal contract?

Sign it before the snow arrives. Good contractors in London and Sarnia fill their routes early, and a contract signed after the first storm leaves your board taking whatever capacity is left.

Give your manager enough time to request bids, compare them on the same scope and bring a recommendation to a board meeting in early fall. If your agreement renews on its own, check its notice terms well before that date. Compare bids on scope, response terms, logs and insurance. A bid that looks good on paper but leaves your walkways icy at 7 a.m. creates far more complaints and risk for the corporation.

If your board signed late again this year, or nobody can show you last winter's site logs, ask your manager how next season will be different. For the contract terms your management agreement itself should include, read our guide: Red Flags in a Condo Management Contract: What Ontario Boards Should Know.

Frequently Asked Questions

Q: Who is responsible for snow removal in a condo in London Ontario?

A: Usually the condo corporation, because it must maintain the common elements under section 90 (1) of the Condominium Act, 1998. Your declaration can shift some areas, such as exclusive use driveways or balconies, to owners under section 91. This is not legal advice, so check your declaration and speak with your condominium lawyer if it is unclear.

Q: What should be in a condo snow removal contract in Ontario?

A: The snowfall depth that triggers service, how soon each area must be clear, a site map, salting terms, where snow is piled, dated site logs, insurance naming the corporation, and the term and renewal rules. Your management company should compare every bid on the same scope.

Q: Is the snow removal contractor liable if someone slips at our condo?

A: The contractor can be, but the corporation usually remains an occupier with its own duty of care under section 3 (1) of the Occupiers' Liability Act. Under section 6.1, written notice of a snow or ice injury claim must generally be given within 60 days, and the corporation must pass a copy to its contractor. This is not legal advice.

Related Reading

→ Hiring Contractors for Your Condo Corporation: What Ontario Boards Need to Know

→ Condo Corporation Insurance in Ontario: What Every Board Must Understand

→ Red Flags in a Condo Management Contract: What Ontario Boards Should Know