Who is the occupier
Section 1(c) of the Occupiers' Liability Act includes a person who has responsibility for and control over the condition of premises, the activities conducted on them and the persons allowed to enter. On a leased lot that can be the landlord, the tenant or both, depending on who controls the site. Check the lease.
The duty of care
Section 5 requires the occupier to take the care that is reasonable in all the circumstances to see that visitors will be reasonably safe in using the premises for the purposes they were invited or permitted to be there. In winter that includes snow and ice on lots, entrances and walkways.
Does a snow contractor take on the liability?
Section 11 says an occupier is not liable for damage caused by an independent contractor's negligence if the occupier took reasonable care in selecting and supervising the contractor and it was reasonable to hand the work over. A contract does not remove the occupier's own duty.
The contract should also state where snow can be placed. Read the City and County rules for placing snow.
The City sidewalk is a separate duty
In Grande Prairie, Bylaw C-1166 s. 38 requires the owner or occupant to clear the adjacent sidewalk within 24 hours of the most recent snow or ice. Read the 24-hour sidewalk clearing rule.
Practical steps
- Write down who is responsible for lots, entrances and sidewalks.
- Set clearing and sanding expectations in the contract.
- Keep dated records of when clearing and sanding happened.
- Talk to your lawyer and insurer about your situation.
Request a quote for a written commercial snow removal scope.
FAQ
Is the landlord or the tenant liable for a slip in a parking lot?
It depends on who has responsibility for and control over the area. Alberta's Occupiers' Liability Act defines the occupier by control, so a lease that gives the tenant control of the lot can make the tenant an occupier.
If I hire a snow removal company, am I still liable?
You can be. Section 11 protects an occupier from a contractor's negligence only if the occupier used reasonable care in choosing and supervising the contractor and it was reasonable to delegate the work.
What standard does the Act set?
Section 5 sets a common duty of care: reasonable care, in all the circumstances, to see that visitors will be reasonably safe using the premises.
Does the City of Grande Prairie clear my commercial sidewalk?
No. Bylaw C-1166 s. 38 requires the owner or occupant of the adjacent property to clear the sidewalk within 24 hours of the most recent snow or ice.
What records help after a slip?
Dated records of when the lot, entrances and walks were cleared and sanded, plus the written contract scope, help show what care was taken. Ask your lawyer or insurer what they need.