Commercial Snow and Ice in Ontario: The 60-Day Notice Rule Explained
Ontario's 60-day notice rule says a person injured by snow or ice on a property must give written notice within 60 days of the injury before they can sue the occupier, or the snow-removal contractor hired by the occupier. Notice must include the date, time and location of the incident and be served personally or by registered mail. The rule doesn't apply where the injury caused death, and a judge can allow a late claim with a reasonable excuse. It doesn't change the duty to keep your property reasonably safe.
For commercial property owners and managers in London, St. Thomas and across southwestern Ontario, this rule makes good winter records more important than ever. Here's what it means and how to prepare.
What the law actually says
The rule is in section 6.1 of the [Occupiers' Liability Act](https://www.ontario.ca/laws/statute/90o02), added by Bill 118. Bill 118 received royal assent on December 8, 2020, and the notice requirement came into force in early 2021. Key points:
Who it protects: occupiers (owners, tenants or managers in control of a property) and independent contractors hired to remove snow and ice.
What it covers: personal injury claims caused by snow or ice.
Deadline: written notice within 60 days of the incident.
Content: the date, time and location of the incident.
Service: personally or by registered mail.
Exceptions: it doesn't apply if the injury resulted in death. A judge may allow a claim despite late or missing notice if there's a reasonable excuse and the defendant isn't prejudiced.
What it doesn't do
The 60-day rule is a notice requirement, not a shield. Occupiers still have a duty to take reasonable care to keep people on the property reasonably safe. If notice is given on time, the usual questions about whether the property was properly maintained still apply. That's why your maintenance program and records matter.
Workplace obligations
If people work on your property, Ontario's occupational health and safety rules also apply. The Industrial Establishments regulation (Reg. 851) requires floors and surfaces used by workers to be kept free of hazards, including accumulations of snow or ice. That covers loading docks, staff entrances and walkways, not just customer areas.
Commercial winter-readiness checklist
Use this before the first snowfall:
Contract and scope
Sign the contract early. Confirm the start and end dates of the season.
Map the site. Mark lots, entrances, walkways, ramps, fire routes, loading docks and snow piling areas.
Set response times for overnight storms and freezing rain.
Confirm insurance and WSIB coverage for your contractor, and get certificates.
Site prep
Mark curbs, islands, fire hydrants and drains with stakes.
Fix potholes and heaved pavement before snow hides them.
Check that downspouts don't discharge across walkways, where water refreezes into ice.
Choose snow pile locations that won't block sightlines, drains or parking, and won't melt across a walkway.
Stock salt or sand bins at entrances for tenant touch-ups.
Records
Log every visit: date, time, services performed and the person or crew.
Record weather conditions, ideally with timestamps.
Take photos of conditions before and after service.
Record complaints and how they were handled.
Keep logs organized and easy to retrieve. A notice can arrive weeks after an incident.
Plowing, salting and ice management
A good commercial program includes more than pushing snow:
Pre-treatment before freezing rain or a forecast storm can keep ice from bonding to pavement.
Plowing to clear lots and drive aisles.
Sidewalk crews to shovel and salt entrances, ramps and walkways, which is where many slips happen.
Ice management on refreeze nights, since meltwater from snow piles can freeze overnight.
Snow relocation or removal once piles start eating up parking.
London regularly sees freeze-thaw swings, freezing rain and lake-effect bursts. Ice management after a melt is often as important as plowing.
If someone reports a fall
Even with a good program, incidents happen. Have a simple process ready:
Get the details right away: date, time, exact location, and any witnesses.
Photograph the area and the conditions as soon as possible.
Pull the service log for that day and the days before.
Notify your insurer and your snow contractor promptly.
Keep everything, including notices, emails, logs and photos, in one file.
Get legal advice on any claim. The notes in this article are general information, not legal advice.
What the rule means for contractors
The 60-day notice rule also covers independent contractors hired to remove snow and ice. For contractors, that's a reason to:
keep detailed, timestamped service records for every site,
be clear in contracts about who is responsible for which areas and which services,
confirm whether the client or the contractor handles touch-up salting between visits, and
communicate quickly with property managers when an incident is reported.
Clear contracts and records protect both the property owner and the contractor.
Choosing a commercial snow contractor
Ask potential contractors:
How many years have you been doing commercial snow and ice in this area?
Are you WSIB covered, and what liability insurance do you carry?
How do you document service visits?
What equipment and backup equipment do you have?
Who do I call at 3 a.m. during a storm?
SPM has handled commercial snow plowing and ice maintenance in London since 2006. Read more on our commercial snow plowing and removal post, or see what clients say on our testimonials page.
Beyond winter
The same property often needs year-round care. Planning spring cleanup, lawn care and summer maintenance with one contractor keeps things simpler. Our services page lists everything we do for commercial properties. Spring is also the time to repair what winter left behind: plow-damaged turf along lot edges, salt-burned lawns beside walkways, and gravel pushed onto grass. Booking that spring cleanup with the same contractor that handled your winter service means the crew already knows the site and where the damage is likely to be.
FAQ
What is the 60-day notice rule for snow and ice in Ontario?
Section 6.1 of Ontario's Occupiers' Liability Act says a personal injury lawsuit caused by snow or ice can't be brought against an occupier, or an independent contractor hired to remove snow and ice, unless written notice is served within 60 days of the injury. Notice must give the date, time and location and be served personally or by registered mail.
When did the 60-day notice rule come into effect?
The amendment came from Bill 118, which received royal assent in December 2020, and the notice requirement came into force in early 2021. It applies to injuries that happen on or after that date.
Are there exceptions to the 60-day rule?
Yes. The rule doesn't apply where the injury caused death, and a judge can allow a claim with late notice if there's a reasonable excuse and the defendant isn't prejudiced. It doesn't remove the duty to keep premises reasonably safe.
Do employers have to clear snow and ice for workers?
Yes. Under Ontario's Industrial Establishments regulation (Reg. 851), floors and surfaces used by workers must be kept free of hazards, including accumulations of snow or ice.
What records should a commercial property keep for winter maintenance?
Keep dated logs of each site visit, including plowing, salting, sanding and inspections, plus weather conditions, photos, complaints and the service contract. Good records help show the property was reasonably maintained if a claim arises.
Talk to SPM Landscape & Excavation
Now is the time to lock in commercial snow and ice service for your London-area property, before the first storm. SPM has served London and southwestern Ontario since 2006, is WSIB covered and carries $1M in liability insurance. Call (519) 474-0008, email spmlandscape@gmail.com, or visit us at 791 Manchester Rd, London, ON.
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