Snow removal liability becomes an urgent question the moment someone slips on an icy walkway. Every winter in Metro Vancouver, it happens somewhere, and every winter the same question comes up afterward: who was actually responsible for clearing that ice?
For strata councils, commercial property owners, and even individual owners, the answer isn’t always as obvious as it seems, and getting it wrong can be expensive.
This isn’t legal advice, and if you’re dealing with an actual incident or dispute, you should talk to a lawyer. But understanding the basic framework helps councils and owners set up their winter maintenance the right way, before anything happens.
The Legal Foundation: The Occupiers Liability Act
In BC, the Occupiers Liability Act sets out the core duty. Section 3 states that an occupier of a property owes a duty to take the care that is, in all the circumstances, reasonable to see that people on the premises are reasonably safe in using it.
In winter, that duty extends to reasonably safe walking surfaces, which means addressing snow and ice, not ignoring it and hoping no one falls. Importantly, the Act doesn’t require perfection. It requires reasonable care under the circumstances, which is a standard, not a guarantee.
What Reasonable Care Actually Means
Courts weighing snow removal liability cases generally look at practical questions:
- How long had the snow or ice been there?
- Was there a system in place to inspect and clear it?
- Was salt or sand used?
- How quickly did the occupier respond once conditions changed?
A property with no winter maintenance plan at all is in a very different position than one with a documented, regularly executed plan, even if an incident still occurs on the second property. Having a system and following it is what reasonable usually comes down to.
Who Counts as an Occupier in a Strata Building
For a strata corporation, the strata council is generally responsible for maintaining common property, which under BC’s strata repair and maintenance framework includes walkways, common entrances, and parkades.
That responsibility doesn’t automatically extend to limited common property like private patios or balconies, where bylaws may assign maintenance to individual owners instead. It’s worth confirming in your bylaws exactly where that line sits for your building, because assuming it’s someone else’s job is not safe without checking.
Commercial property owners face a more direct version of the same duty: as the occupier, they’re generally on the hook for the condition of their own walkways, parking areas, and entrances.
Contractors and Shared Snow Removal Liability
Hiring a snow removal contractor doesn’t automatically transfer all snow removal liability away from the strata or property owner. Contractors owe their own duty of care in how they carry out the work they were hired to do, but the underlying obligation for the property to have a functioning system in place generally still rests with the occupier.
That’s why a written contract that clearly spells out coverage, response times, and areas serviced matters. We cover what to look for in our guide to snow removal contracts for strata buildings.
What Courts Actually Look At
In practice, disputes tend to turn on documentation more than intent. Did the property have an inspection schedule? Was it followed? Is there a record of when the walkway was last cleared and treated before the incident?
A council that can point to logs, contractor visit records, and a clear system tends to be in a much stronger position than one relying on a general sense that it gets done.
4 Essential Steps to Reduce Snow Removal Liability
- Keep a written snow removal and de-icing contract with clearly defined coverage areas
- Log when service visits happen, ideally with time stamps or photos
- Post signage during active winter weather warning of possible icy conditions
- Confirm your bylaws clearly assign responsibility for limited common property like balconies
None of this eliminates risk entirely. Winter weather in Metro Vancouver can turn fast, and no system catches every hazard the moment it forms. But a documented, consistently followed plan is the strongest position a strata council or commercial property owner can be in if something does happen. For the full seasonal plan, see our winter maintenance checklist.
Get a Documented Winter Plan
EcoPlanet Property Services has managed winter maintenance for Greater Vancouver strata and commercial properties for over 20 years, with documented service visits through our reporting app so your council has a clear record if snow removal liability ever comes into question. Get in touch to talk through a winter plan for your property, or see our snow removal services page for more.
