This is the exact embedded text of the captured official document.
Snapshot 8480676c12ae · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
1
BY-LAW NUMBER 54-24
-of-
THE CORPORATION OF THE COUNTY OF BRANT
A by-law to repeal and replace by-law number 243-00 requiring persons to clear snow,
slush and ice from sidewalks
WHEREAS Section 8(1) the Municipal Act, 2001, S.O. 2001, c.25, as amended (herein
referred to as the Municipal Act, 2001), states that the powers of a municipality under
the Act or any other act shall be interpreted broadly so as to confer broad authority on
the municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal issues;
WHEREAS Section 8(2) of the Municipal Act, 2001 states that, in the event of ambiguity
in whether or not a municipality has the authority under this or any other Act to pass a
by-law or to take any other action, the ambiguity shall be resolved so as to include,
rather than exclude, powers the municipality had on the day before this Act came into
force; and
WHEREAS, Section 8(3) of the Municipal Act, 2001 provides that without limiting the
generality of subsections (1) and (2), a by-law under sections 10 respecting a matter
may,
(a) regulate or prohibit respecting the matter;
(b) require persons to do things respecting the matter;
(c) provide for a system of licences respecting the matter; and
WHEREAS, Section 10(1) of the Municipal Act, 2001 provides that a single-tier
municipality may provide any service or thing that the municipality considers necessary
or desirable for the public; and
WHEREAS, Section 10(2)6. of the Municipal Act, 2001 provides that single-tier
municipality may pass by-laws respecting the matters for the health, safety and well-
being of persons; and
WHEREAS Section 10(2)8. of the Municipal Act, 2001 provide that a single-tier
municipality may pass by-laws for the protection persons and property; and
WHEREAS, section 44(1) of the Municipal Act, 2001, requires that a municipality that
has jurisdiction over a highway or bridge shall keep it in a state of repair that is
reasonable in the circumstances; and
2
WHEREAS, Section 44(9) of the Municipal Act, 2001, states that, except in case of
gross negligence, a municipality is not liable for a personal injury caused by snow or ice
on a sidewalk; and
WHEREAS, section 121(1) of the Municipal Act 2001, provides that a municipality may
require the owners and occupants of buildings to remove snow and ice from the roofs of
the buildings and may regulate when and how the removal shall be undertaken; and
WHEREAS, subsection 391(1) of the Municipal Act provides that a municipality may
impose fees and charges on persons,
(a) for services or activities provided or done by or on behalf of it;
(b) for costs payable by it for services or activities provided or done by or on behalf of
any other municipality or any local board; and
(c) for the use of its property including property under its control; and
WHEREAS, section 446 of the Municipal Act provides that where a municipality has
authority to direct that any matter or thing be done, the municipality may also direct that,
in default of its being done by the person directed or required to do it, such matter or
thing shall be done at his expense, and the municipality may recover the expense
incurred in doing so by action or in the same manner as property taxes; and
WHEREAS, Council of The Corporation of the County of Brant deems it desirable to
enact a sidewalk snow, slush and ice removal by-law;
NOW THEREFORE, the corporation of the County of Brant hereby enacts as follows:
1.0 Definitions
In this By-law:
"Accumulation" means accumulation of Snow (whether newly fallen, wind-blown or
otherwise), Slush or Ice;
"Council" means the municipal council of The Corporation of the County of Brant;
"County" means The Corporation of the County of Brant;
"Director" means the Director of Enforcement and Regulatory Services and their
designate;
"Highway" means a common and public highway and includes any street, avenue,
parkway, Sidewalk, driveway, square, place, bridge, viaduct or trestle, any part of which
is intended for or used by the general public for the passage of vehicles and includes
3
the area between the lateral Property lines thereof, which is under the jurisdiction of the
County;
"Ice" means the solid form of water, produced by freezing;
"Municipal By-law Enforcement Officer" means an individual appointed by the
Municipality pursuant to Section 55 and of the Community Safety and Policing Act, S.O.
2019, c. 1, Sched. 1 as amended.
"Owner" means the registered owner, occupant or tenant of a Property, or a Person
who, for the time being or permanently, is managing or receiving the rent from a
Property, whether on his or her own account or on account of an agent or trustee of any
other Person, or any one of the aforesaid;
"Person" means an Owner, an individual, or group of individuals, unincorporated
association, sole proprietorship, partnership or corporation;
"Property" means land that may have a building (occupied or unoccupied) on it or
vacant land;
"Sidewalk" means that part of the Highway meant for pedestrian use, typically
indicated by some sort of concrete;
"Slush" means partially melted Snow or Ice;
"Snow" includes precipitation in the form of ice crystals, mainly of intricately branched,
hexagonal form and often agglomerated into snowflakes, formed directly from the
freezing of the water vapour in the air.
2.0 Removal of snow and ice
2.1 Every Owner shall remove, or cause to be removed, any Accumulation of Snow,
Slush or Ice from the Sidewalk in front of, alongside or at the rear of their Property
within twenty-four (24) hours after the accumulation has ended.
2.2 If, after clearing away or removing or having cleared away or removed Snow, Slush
or Ice from the Sidewalk, as required in Section 2.1, the Sidewalk still remains to be
slippery and poses a hazard to pedestrians, the Owner shall spread or cause to be
spread, sand or any other reasonable suitable material, along said portion of the
Sidewalk.
2.3 Every Owner must ensure that the portion of Sidewalk for which they are
responsible is continually kept and maintained free of slippery surfaces, Snow, Slush,
Ice or any combination thereof, by appropriate means, between falls of precipitation, no
matter what the cause.
4
2.4 Every Owner of a building where the roof or eaves of which abut or overhang the
Highway or Sidewalk, whenever Ice or Snow accumulates on the roof or eaves, remove
the same immediately, and in a manner showing due care and precaution for the safety
of Persons passing.
2.5 No Person shall fail to comply with an order or direction pursuant to this By-law.
2.6 No Person shall remove, or cause to be removed, any Snow, Slush or Ice in a
manner that would damage a Highway.
2.7 No Person shall place, or cause to be placed, any Snow, Slush or Ice on a Highway.
2.8 If the Owner fails, neglects, or refuses to comply with Sections 2.1 to 2.5 of this By-
law, the Director, in lieu of, or in addition to any other remedy provided by this By-law, is
authorized to have the Snow or Ice to be removed at the expense of the Owner, and in
the case of non-payment, such expenses may be recovered in a like manner as
municipal taxes, pursuant to the Municipal Act, 2001.
3.0 Exemptions
3.1 This By-law does not apply to the Snow removal efforts performed by or on behalf of
The Corporation of the County of Brant.
4.0 Winter Maintenance By-law Suspension Event
4.1 Where the Director, in their sole discretion determines that any weather related or
unusual circumstance makes it unreasonable to enforce this By-law or a portion of this
By-law, the Director may, in their discretion, for such period of time as the Director
determines to be reasonable in the circumstances:
a) suspend enforcement of this By-law or any portion thereof;
b) cease the performance of inspections under this By-law; and
c) decline investigation of complaints made by members of the public or any Person
under this By-law.
5.0 Enforcement
5.1 This By-law may be enforced by Municipal By-Law Enforcement Officers.
5
6.0 Penalty
6.1 Any Person who contravenes any provision of this By-law is guilty of an offence and
upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O.
1990, Chapter P33 as amended.
6.2 A Person convicted under this By-law is liable on a first conviction, to a fine of not
less than $250.00 and not more than $25,000.00; and,
6.3 On a second or subsequent conviction, to a fine of not more than $10,000.00 for
each day or part of a day on which the contravention has continued after the day on
which the Person was first convicted.
7.0 Obstruction
7.1 No Person shall hinder or obstruct or attempt to hinder or obstruct any Person who
is exercising a power or performing a duty under this By-law, including refusing to
identify themselves when requested to do so by a Municipal By-law Enforcement
Officer.
8.0 Powers of inspection
8.1 Pursuant to Section 436 of the Municipal Act, 2001, the County may enter on
Property at any reasonable time for the purpose of carrying out an inspection to
determine whether or not the following are being complied with:
(a) this By-law;
(b) a direction or order of the County made under this By-law; or,
(c) an order made under section 431 of the Municipal Act, 2001.
9.0 Order to discontinue activity
9.1 Pursuant to section 444 of the Municipal Act, 2001, where the County is satisfied
that a contravention of this By-law has occurred, the County may make an order
requiring the Person who contravened this By-law, or who caused or permitted the
contravention, or the Owner of the Property on which the contravention occurred, to
discontinue the contravening activity.
An order under section 9.1 of this By-law shall set out:
6
(a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the Property on which the contravention
occurred; and,
b) the date by which there must be compliance with the order.
10.0 Work order
10.1 Pursuant to section 445 of the Municipal Act, 2001, where the County is satisfied
that a contravention of this By-law has occurred, the County may make an order
requiring the Person who contravened this By-law, or who caused or permitted the
contravention, or the Owner of the Property on which the contravention occurred, to do
work to correct the contravention.
10.2 An order under this section 10.1 of this By-law shall set out:
(a) reasonable particulars of the contravention adequate to identify the
contravention and the location of the Property on which the contravention
occurred; and,
(b) the work to be done and the date by which the work must be done.
11.0 Remedial action
11.1 Pursuant to section 446, of the Municipal Act, 2001, if a Person fails to do a matter
or thing, including comply with an order under this By-law, as directed or required by
this By-law, the County may, in default of it being done by the Person directed or
required to do it, do the matter or thing at the Person's expense. The County may
recover the costs of doing a matter or thing from the Person directed or required to do it
by action or by adding the costs to the tax roll and collecting them in the same manner
as municipal taxes.
11.2 The costs outlined in section 11.1, of this By-law shall include interest calculated at
a rate of 15 per cent, calculated for the period commencing on the day the County
incurs the costs and ending on the day the costs, including the interest, are paid in full.
11.3 Further to the costs outlined in section 11.1 and 11.2, an administrative fee shall
be applied pursuant to the County of Brant Fees and Charges By-law, as amended from
time to time.
11.4 The amount of the costs, including interest, constitutes a lien on the Property upon
the registration in the proper land registry office of a notice of lien. The lien is in respect
of all costs that are payable at the lime the notice is registered plus interest accrued to
7
the date the payment is made. Upon receiving payment of all costs payable plus interest
accrued to the date of payment, the County shall register a discharge of the lien in the
proper land registry office.
12.0 Severability
12.1 In the event that a court of competent jurisdiction should declare any section or
part of a section of this By-law to be invalid, such section or part of a section shall not
be construed as having persuaded or influenced Council to pass the remainder of this
By-law and it is hereby declared that the remainder of this By-law shall be valid and
shall remain in full force and effect.
13.0 Coming into force
13.1 This By-law shall come into force on the date it is approved by Council.
14.0 Repeal
14.1 By-law No. 243-00 of the County is hereby repealed in its entirety.
15.0 Short title
15.1 This By-law may be cited as the "Sidewalk Snow & Ice Removal By-law ".
READ a first and second time, this 25th day of June 2024.
READ a third time and finally passed in Council, this 25th day of June 2024.
THE CORPORATION OF THE COUNTY OF BRANT
David Bailey, Mayor
Alysha Dyjach, Clerk