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Kanata Landscaping 613 656-7841

How to read an Ottawa snow removal contract

Trigger depths, response times, what the City does and does not clear, the 60 day notice rule for a slip and fall, and the clauses that decide who pays in February.

  • Published
  • 5 min read

The three contract shapes, and which risk each one carries

A seasonal contract is a flat price for the winter with unlimited visits above a stated trigger depth. It moves the weather risk to the contractor, costs the same in a mild or a brutal year, and is the right choice for anyone who values a predictable bill over the lowest possible one.

A per-visit contract bills each clearing. It is cheaper in a light winter and genuinely unpredictable in a heavy one, and it creates an incentive problem that is worth naming: the contractor earns more by attending more often. A per-event contract treats a multi-day storm as one billable event, which sounds neat until somebody has to define an event, and that definition is where most disputes in this trade actually live.

All three get described as a snow contract in conversation and in advertising. Establish in writing which one you are being sold before anything else is discussed.

Trigger depth and response time are the two numbers that matter

A contract triggered at 5 cm will attend far more often than one triggered at 10 cm. The second is cheaper and it leaves a driveway progressively packed after a run of small snowfalls, which by February is a compacted ice layer nobody can remove without a scraper and an afternoon.

Response time has to be measured from a defined moment, and the only sensible one is when the snow stops rather than when it starts. A promise of four hours means nothing if the clock starts at the beginning of an eighteen hour storm. Get both figures and the measuring point in writing.

Drifting deserves its own clause in the west end. Open frontages in Morgan's Grant, Kanata Lakes and the newer Stittsville and Fernbank streets drift across a cleared driveway hours after the snowfall has ended, so a contract triggered purely on accumulation depth will not dispatch anybody on a bright, still-cold morning when the driveway is nonetheless blocked. Ask how drifting is handled and whether it counts as a visit.

What the City clears, and what it leaves at the foot of your driveway

The City clears public roads and sidewalks to its own quality standards. It does not clear private driveways, and the windrow the plough leaves across the foot of yours is yours to deal with. The City's current standards could not be verified for this guide, because its website returns an error to automated requests.

The provincial floor every Ontario municipality works above gives a sense of the pace. Under the Minimum Maintenance Standards, a Class 1 road is addressed at 2.5 cm of accumulation within 4 hours, Class 2 at 5 cm within 6 hours, Class 3 at 8 cm within 12 hours, Class 4 at 8 cm within 16 hours and Class 5 at 10 cm within 24 hours, with no standard set for Class 6 (O. Reg. 239/02). Residential streets sit at the slow end of that range.

The practical consequence is a sequencing problem. On a heavy night your street may be ploughed hours after your contractor has already cleared the driveway, and then the windrow arrives. A contract that includes a return visit for the windrow is worth more than one that is ten dollars cheaper and silent on the point. Ask whether it is a return visit or a separate charge.

Salt, damage and the things a plough breaks

Plain rock salt loses most of its effect once the surface temperature falls well below freezing, which happens regularly here in January and February. A contractor working those nights should be using a treated salt or a brine and should be able to name the product. More salt is not better practice, and over-salting is what kills the lawn edge, scorches the cedar hedge along the driveway and spalls the faces of older unsealed pavers.

Physical damage is the other recurring complaint. A plough blade catches a lifted edge course on an interlock driveway and drags it, and sod edges, low walls, downspouts and irrigation heads all sit in the path of a machine working in the dark. Older Beaverbrook driveways, which tend to be longer, steeper and lined with mature trunks and hedges, carry the most exposure.

The answer is a damage clause agreed in September rather than argued in March: what the contractor marks before the first snowfall, what they repair at their own cost, and what is treated as normal wear. Stakes along the driveway edge are cheap and prevent most of it.

Liability: the 60 day notice rule most homeowners have never heard of

Ontario changed the rules for snow and ice injury claims. Since 29 January 2021, a person injured by snow or ice must serve written notice of the claim within 60 days, by personal service or registered mail, on an occupier or on an independent contractor employed to remove snow or ice, and that notice must state the date, time and location of the incident. A court may excuse late notice where the injured person died, or where there is a reasonable excuse and the defendant is not prejudiced (LawPRO).

Two consequences follow for anyone buying snow clearing. First, your contractor can be named directly, so it genuinely matters whether they carry commercial general liability insurance with a limit adequate for a snow operation, and whether the certificate is current on the date of the storm rather than the date of the quote. Ask for the certificate, not an assurance.

Second, records win arguments. A contractor who keeps a dated service log of every visit and every salt application is protecting both parties, because sixty days after an incident nobody remembers what the weather did on a particular Tuesday. Any commercial site should insist on that log as a contract term. Snow clearing is not a licensed trade in Ontario and no certificate exists to check, so insurance, a WSIB clearance number valid for up to 90 days (WSIB) and a documented log are the whole of the due diligence available.

Timing the purchase, and the clauses to read twice

Sign in September. West-end contractors fill their routes by early October and price latecomers accordingly, and after the first real snowfall the better ones are not taking new residential work at all. A seasonal contract signed in December, if you can find one, costs more for less winter.

The clauses worth reading twice: the trigger depth and response time with their measuring point; whether walkways and steps are included or priced separately; whether salting is included, in what quantity, and what product is used in cold weather; who clears the City windrow; where snow is stored and what happens when that space is full; the damage policy; the insurance certificate and WSIB clearance number; and the cancellation terms, because a January cancellation on a seasonal contract rarely returns much of the money.

For a small commercial site, add three more: whether the contractor keeps a signed service log, whether the specification names a documented salting practice, and whether their insurance limit is appropriate to a site the public walks across. Those three are what separates a defensible property from an expensive one.

Sources

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