Quick answer
In BC, the Occupiers Liability Act decides who is responsible when someone slips on snow or ice on private property. Section 3 says the "occupier" (the person in possession of the property, or the one in control of its condition) must take reasonable care to keep visitors reasonably safe. Usually that means the homeowner, the tenant, the landlord or the strata corporation, depending on who controls the area. Under Residential Tenancy Branch Policy Guideline 1, tenants in a house generally clear the snow. In multi-unit buildings, the landlord does. The Act does not apply to a city as occupier of a public road. Most injury claims have a 2-year limit, and a claim against a municipality needs written notice within 2 months.
This guide explains BC's rules in plain language so you know where you stand after a winter slip. It is general information, not legal advice. If you've been hurt or someone is making a claim against you, talk to a lawyer. We checked every section quoted here on bclaws.gov.bc.ca, gov.bc.ca and worksafebc.com on September 25, 2026.
Who is the "occupier" in BC?
Section 1 of the Occupiers Liability Act defines an occupier as a person who either:
- is in physical possession of the premises, or
- has responsibility for, and control over, the condition of the premises, the activities on them, and who is allowed in.
The Act says there can be more than one occupier of the same premises. A homeowner living in their house is the occupier. In a rental, the tenant and the landlord can both be occupiers. In a strata, the strata corporation controls the common property.
The duty of care: section 3
Section 3(1) says an occupier "owes a duty to take that care that in all the circumstances of the case is reasonable to see that a person, and the person's property, on the premises... will be reasonably safe in using the premises." Section 3(2) says this covers the condition of the premises, activities on them, and the conduct of third parties there.
The key words are "reasonable" and "reasonably safe". The Act doesn't ask you to make your property perfectly safe, and it doesn't list specific steps. What counts as reasonable depends on the circumstances. Section 3(3) adds that an occupier has a much more limited duty for risks a person "willingly assumed". Section 7 applies the Negligence Act. Under section 1 of that Act, when more than one person is at fault, liability is split according to each person's share of the blame.
What reasonable steps look like in practice
These are common-sense steps, not a legal checklist:
- Clear snow promptly from walkways, steps, driveways and the path to your door. Your city's sidewalk bylaw deadline is a sensible minimum. See our Surrey, Langley, Delta and White Rock snow removal rules.
- Treat ice with salt or sand. White Rock suggests sand, rock salt or kitty litter for traction.
- Check again after freeze-thaw cycles and fresh snowfall. Melting snow can refreeze overnight.
- Warn people about a slippery spot you can't fix right away, and point visitors to a safer entrance.
- Fix the cause of repeat ice, such as a leaking gutter or downspout dripping onto a walkway.
- Keep a simple log of when you shovelled and salted. It helps if anyone questions it later.
Hiring a snow-clearing contractor? Under section 5, an occupier is generally not liable for a contractor's negligence if the occupier took reasonable care in choosing and supervising the contractor, and it was reasonable for that work to be done.
Guests, delivery drivers and other visitors
Section 3 protects "a person" on the premises, so it covers guests, delivery drivers, mail carriers and trades. Section 4 limits when an occupier can reduce this duty by agreement, sign or notice. For example, it can't be reduced for people who are allowed to enter without the occupier's permission.
A delivery driver or trade worker hurt on the job may also be covered by WorkSafeBC. Section 9 says the Act does not affect an employer's duties to its own employees.
Landlord or tenant: who clears the snow?
Residential Tenancy Branch Policy Guideline 1 (section T, Property Maintenance) says:
| Type of rental | Who generally clears snow |
|---|---|
| Single-family house | The tenant, as part of routine yard maintenance |
| Townhouse or multi-family home where the tenant has exclusive use of the yard | The tenant |
| Multi-unit residential complex | The landlord |
The tenancy agreement can change this. The standard BC tenancy agreement (form RTB-1) lists "snow removal" as a service that can be included in the rent. Its additional terms section also mentions snow removal as a matter landlords and tenants can agree on.
For injuries, section 6 of the Occupiers Liability Act says that if a landlord is responsible for maintenance or repair, the landlord owes visitors the same duty of care as an occupier for risks caused by failing to carry out that responsibility.
Tip: Landlords and tenants should put snow clearing in writing: who does it, including the city sidewalk, and who buys the salt.
Strata corporations and common property
Under the Strata Property Act, the strata corporation is responsible for managing and maintaining common property (section 3) and must repair and maintain it (section 72). Section 72 allows a strata to make an owner responsible for limited common property, such as a private patio, through its bylaws. Section 150 requires every strata corporation to carry liability insurance for property damage and bodily injury. If you slip on a strata's common walkway or parking area, report it to the strata council or property manager in writing.
City sidewalks and roads
Section 8(2) of the Occupiers Liability Act says the Act does not apply to a municipality that occupies a public highway or public road. A fall on a City road is not decided under this Act. Get legal advice for any claim against a City.
Many cities also make the neighbouring owner or occupier clear the public sidewalk. For example, Surrey By-law No. 13007 section 80 requires it by 10am the day after a snowfall.
Important: Under section 736 of the Local Government Act, a municipality is not liable for damages unless written notice is delivered within 2 months of the injury. The notice must give the time, place and manner of the injury. Missing notice does not bar a claim if the injured person died, or if a court finds there was a reasonable excuse and the City was not prejudiced. Section 735 sets a 6-month limit for certain other actions against a municipality.
What to do if someone falls on your property
- Help first. Check on the person and call 911 for a serious injury.
- Make the spot safe so no one else falls: salt it, block it off, or warn people.
- Write down what happened: date, time, weather, and when you last cleared and salted.
- Take photos of the spot, the conditions and any footwear issues, before things change.
- Get names and contact details of the person and any witnesses.
- Tell your home insurer promptly, and your landlord or strata if they're responsible for the area.
- Don't sign anything or admit fault. Let your insurer or a lawyer handle any claim.
What to do if you slip and fall
- Get medical care. Some injuries take hours to show.
- Photograph the spot and the conditions right away, including any lack of salt or sand.
- Get witness names and phone numbers.
- Report it in writing to the property owner, business, landlord or strata. For a City road or sidewalk, see the 2-month notice rule above.
- Keep records of medical visits, time off work and costs.
- Watch the deadlines. Section 6 of the Limitation Act says a court claim must generally be started within 2 years after the day the claim is discovered. Special rules apply to children and to people under a disability. A lawyer can tell you which deadline applies.
Slipped at work? WorkSafeBC
Section 4.39 of the Occupational Health and Safety Regulation says floors, platforms, ramps, stairs and walkways that workers use must be kept in good repair and free of slipping and tripping hazards. If you're hurt on the job, WorkSafeBC says to tell your employer as soon as it's safe and tell anyone treating you that it happened at work. Then report it to WorkSafeBC right away, online or by calling Teleclaim at 1-888-967-5377. WorkSafeBC says you have up to one year from the date of injury to report it.
Frequently Asked Questions
Who is liable if someone slips on my driveway in BC?
Usually the occupier, meaning whoever is in possession or control of the property, if they didn't take reasonable care. That's often the homeowner or tenant. Under the Negligence Act, fault can be shared, including with the injured person.
What does the Occupiers Liability Act BC say?
Section 3 says occupiers must take reasonable care in all the circumstances to see that people and their property on the premises will be reasonably safe.
Is the landlord or tenant responsible for snow removal in BC?
Guideline 1 says the tenant generally clears snow at a single-family house, or at a townhouse where they have exclusive use of the yard. The landlord clears it at multi-unit complexes. A tenancy agreement can change this.
Who clears snow in a strata?
The strata corporation must maintain common property under the Strata Property Act. Its bylaws can make owners responsible for limited common property.
Can I sue the city if I slip on an icy sidewalk?
Claims against municipalities have special rules. Written notice must usually be delivered within 2 months, and the Occupiers Liability Act doesn't apply to public roads. Speak to a lawyer quickly.
How long do I have to make a slip and fall claim in BC?
The basic limitation period is 2 years from when the claim is discovered. Shorter notice rules apply to municipalities, and WorkSafeBC reports are due within one year.
Does homeowner insurance cover slip and fall injuries?
It depends on your policy. Check your policy wording for liability coverage and report any fall to your insurer promptly.
Official sources
- Occupiers Liability Act, RSBC 1996, c. 337 — BC Laws
- Negligence Act, RSBC 1996, c. 333 — BC Laws
- Limitation Act, SBC 2012, c. 13 — BC Laws
- Local Government Act, Part 18 (sections 735 and 736) — BC Laws
- Strata Property Act, Part 2 (section 3) — BC Laws
- Strata Property Act, Part 5 (section 72) — BC Laws
- Strata Property Act, Part 9 (section 150) — BC Laws
- Residential Tenancy Policy Guideline 1: Landlord & Tenant – Responsibility for Residential Premises (PDF) — Province of BC
- Residential Tenancy Agreement, form RTB-1 (PDF) — Province of BC
- Workers: How to report an injury and what to expect — WorkSafeBC
- OHS Regulation Part 4: General Conditions (section 4.39) — WorkSafeBC
- Highway and Traffic By-law No. 13007 (PDF) — City of Surrey
- Winter Snow & Ice Operations — City of White Rock
General information only, not professional advice. Rules and prices change, so check the official sources above before you act. Spotted something out of date? Tell us.