Q. I am renting a detached house, and the landlord says that "shoveling snow is the tenant's responsibility." Do I really have to do it?
A. In Ontario, in principle, it is the landlord's responsibility. Section 20 of the Residential Rental Act (RTA) stipulates that landlords must keep the property in good condition and adhere to health, safety, and maintenance standards, and these maintenance standards (O. Reg. 517/06) are interpreted to include clearing snow and ice from driveways, walkways, and common areas.
What if it says in the lease agreement that "the tenant clears the snow"?
That clause alone does not transfer liability. Ontario courts have held that snow removal clauses within lease agreements are invalid, and if the responsibility is to be assigned to the tenant, a separate agreement distinct from the lease must be entered into to determine compensation, such as rent reduction or other forms of remuneration. Even if the separate agreement is broken, the original lease relationship remains intact.
However, city ordinances are different.
Toronto City Ordinance Chapter 719 stipulates that owners or residents must clear snow and ice from the sidewalks in front, beside, and behind a building within 12 hours of the snow, rain, or hail ceasing. For private spaces such as interior stairs, driveways, and parking areas, the standard is to clear the snow within 24 hours of the snow stopping. Since deadlines vary by city—with Kitchener and Waterloo also using a 24-hour standard—it is advisable to check the ordinances of the city where you live. It is important to note that the ability to require residents to clean under city ordinances is a separate issue from the fact that the ultimate responsibility for maintenance lies with the landlord under rental laws.
Try this before winter comes.
1) First, check if there is a separate agreement in addition to the lease agreement. Promises made only in words are likely to lead to disputes later.
2) Please keep a written record of who will clear which area (sidewalks, driveways, stairs) and by when. It is also helpful to note who will prepare tools such as shovels and salt.
3) After it snows, please take a photo noting the date and time. This record is helpful in case of slipping accidents or disputes.
4) If you cannot reach an agreement, check general information with the Ontario Lease Board (LTB) or a local legal clinic first rather than arguing emotionally.
This article is for general information only and does not constitute legal advice. Individual circumstances may vary depending on the type of contract and city ordinances.
Source: Custodia, Are Landlords Responsible For Snow Removal in Ontario? https://www.custodia.com/blog/are-landlords-responsible-for-snow-removal-in-ontario
Source: Mondaq, Ontario Snow Laws: Know Your Responsibilities https://www.mondaq.com/canada/landlord-tenant-leases/1548210/ontario-snow-laws-know-your-responsibilities | 
