Blowing snow and deep cold make Saskatchewan lots and walkways hard to keep safe, and when someone falls, the property owner and the snow contractor can both end up in the claim. Saskatchewan's legal framework differs from Alberta's and Ontario's in one important way: there is no Occupiers' Liability Act.
This guide explains what that means, the time limits for claims, and practical steps contractors can take.
General information only, not legal or insurance advice. For a specific claim or contract, speak with a Saskatchewan lawyer and your broker.
No Occupiers' Liability Act in Saskatchewan
Several provinces, including Alberta and Ontario, have an Occupiers' Liability Act that sets out the duty owed to people on a property. Saskatchewan is listed among the provinces without one. Instead, the duties of property owners and others who control premises come from court decisions, known as the common law.
For snow contractors, the practical point is the same as elsewhere: people who control the condition of a property can be held responsible for hazards on it, and a contractor hired to manage snow and ice may be drawn into a claim alongside the owner. How liability is shared depends on the facts and on the contract. A lawyer can explain how the case law applies to a specific site.
How Long Someone Has to Sue
The Limitations Act (Saskatchewan) sets the general rules:
- Section 5: "no proceedings shall be commenced with respect to a claim after two years from the day on which the claim is discovered."
- Section 7: an ultimate limitation period of 15 years.
- Section 3(4): the Act gives way to a limitation provision in another Act that says it applies notwithstanding The Limitations Act.
Because the two years runs from discovery, a claim can arrive long after the season ends. Keep your records for years, not months.
Municipal Sidewalks and Streets
Claims involving municipal property have their own statutory rules. The Cities Act contains sections headed "Snow on sidewalks" (s. 305), "Repair of streets, public places and public works" (s. 306) and "Limitation of action" (s. 307). The Municipalities Act has similar provisions, including a section on snow on sidewalks (s. 342) and "Limitation of actions against municipalities" (s. 344).
These provisions set specific liability and limitation rules for claims against municipalities. If you plow for a city, town or RM, or an injured person has a claim involving municipal property, have a lawyer review the current text of the applicable Act. Do not rely on rules from other provinces, such as Alberta's 21 day notice period or Ontario's 60 day notice rule; they do not apply in Saskatchewan.
The Supreme Court of Canada has also weighed in on municipal snow clearing. In Nelson (City) v. Marchi, 2021 SCC 41, a BC case, city crews left a continuous snowbank along the curb after plowing parking stalls and a pedestrian was seriously injured crossing it. The Court found the clearing method was not a core policy decision immune from negligence liability.
What This Means for Snow Contractors
Without a statute spelling out the duty, the details of your contract and your records carry a lot of weight.
- Define scope in writing. Which areas you clear, service levels, salting or sanding, and who watches for refreezing. See snow removal contracts and insurance.
- Log every visit. Time, weather, work done and material used. Blowing snow can re-cover a lot hours after a storm, so note return visits too. A snow log template helps.
- Read indemnity clauses closely. They can move the owner's risk onto you. A broker can review whether your policy responds.
- Report incidents quickly to your broker and preserve photos and records.
- Get legal advice when a claim or demand letter arrives.
Insurance That Responds
Slip and fall claims are generally a general liability matter. Contractors often ask a broker about the wording on slip and fall liability and completed operations, because a claim can involve conditions after the crew has left. Your SGI plate insurance covers the truck on the road, not falls on the lots you clear. For more, see the slip and fall claims guide and snow plow insurance in Saskatchewan.
Sources
- OHS Insider: Occupiers' liability laws by province
- The Limitations Act (Saskatchewan)
- The Cities Act (Saskatchewan)
- The Municipalities Act (Saskatchewan)
- Rogers Partners: Supreme Court of Canada on snow removal and government immunity
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Frequently Asked Questions
Does Saskatchewan have an Occupiers' Liability Act?
No. Saskatchewan is listed among provinces without one, so occupiers' duties come from court decisions.
How long does someone have to sue after a slip and fall in Saskatchewan?
The Limitations Act sets a general limit of two years from the day the claim is discovered, with a 15 year ultimate period. Other Acts, such as those dealing with municipalities, can set different rules.
Can a snow contractor be sued for a fall on a property it clears?
Yes. Contractors are often named alongside property owners, especially when they control snow and ice conditions under their contract. A lawyer can advise on a specific claim.
Does Saskatchewan have a notice rule like Ontario's 60 day rule?
Ontario's rule does not apply in Saskatchewan. The Cities Act and The Municipalities Act contain their own provisions for claims against municipalities; have a lawyer review the current text.