When the snow falls and the winds blow over the walkways at your rental property in Alberta, who is responsible for clearing the snow? The answer may not be immediately clear, but it’s essential to address snow removal issues early, especially considering accessibility and public safety concerns.
Read Your Local Ordinances on Snow Removal
It’s crucial to familiarize yourself with the snow removal requirements in your local Alberta municipality. Each city has its own regulations regarding snow clearing, often outlined in bylaws available on the city’s website. For example, in Edmonton, property owners are required to clear sidewalks within 48 hours of a snowfall to prevent accidents. Fines may be imposed for non-compliance, and municipalities in Alberta take snow removal seriously to avoid accidents and injuries.
Who’s Responsible for Snow Removal?
The responsibility typically falls on the party “in charge” of the property. If you’re the landlord, you may be the one who needs to ensure that snow is cleared. It’s vital to address this clearly in your lease agreement, as ambiguity can lead to legal complications.
The key points landlords should remember are:
- Recognize your risk exposures.
- Understand your legal liabilities.
- Eliminate risks where possible.
- Transfer the remaining risks through insurance.
In Alberta, just as in other provinces, the municipality can hold property owners accountable for failing to clear snow. “I didn’t know” won’t be a sufficient defense in the event of a lawsuit.
Check Your Lease Agreement
Make sure your lease agreement specifies who is responsible for snow removal. Be proactive and address these responsibilities early in the winter season.
- Send a reminder notice to your tenant, referencing the rental agreement. It’s a good idea to send it by certified mail to have a record.
- Provide snow removal tools and de-icing equipment for your tenant, eliminating any confusion about the process.
- Conduct a visual inspection of your property to ensure snow is being cleared in a timely manner.
- If you offer a discount to tenants for snow removal (or pay them separately), be sure to consult with a lawyer to avoid any confusion regarding employment status.
If your tenant agreed to handle snow removal and fails to do so, you may need to hire a professional to take care of it in the meantime. Keep in mind, municipal fines won’t wait while you sort out the issue with your tenant.
Gig Workers and Snow Removal Service Providers
Hiring gig workers to handle snow removal is common, but it’s important to ensure that they have proper insurance coverage. If an independent contractor gets injured while removing snow or damages your property, you could be held liable. Some insurance companies in Alberta offer short-term or by-the-hour coverage for gig workers, which can be easily arranged and provides protection for both parties.
Managing Your Risk Liability
Now that you’re aware of the potential liability risks associated with snow and ice removal, take the time to consult with your insurance broker about your landlord insurance policy. No matter how careful you are, accidents can happen, and that’s where insurance comes in.
Ensure that your liability limits are high enough to cover potential slip-and-fall incidents on your property. Also, consider coverage for the snow removal equipment you provide for your tenants. Snow blowers, for example, can be expensive, and coverage for these tools may be worthwhile.
Additionally, consider purchasing an umbrella insurance policy. This type of policy extends the coverage limits of your landlord insurance and can often be more affordable than increasing individual policy limits. It may also broaden your overall coverage.
Stay Ahead of the Storm
You can’t avoid city ordinances, but you can take steps to protect yourself and your property. By addressing snow removal responsibilities upfront, ensuring proper insurance coverage, and keeping up with local regulations in Alberta, you’ll be better prepared to handle winter challenges and stay ahead of potential liabilities.
