Crown loses appeal to have Vancouver snow removal bylaw enforced

A court battle over snow removal has ended after a judge dismissed the Crown’s appeal to have a Vancouver bylaw enforced.

In January 2022, a man was accused of breaking the city’s snow removal bylaw after the sidewalks in front of his building were seen to still have snow on them, according to a bylaw inspector. However, a BC Provincial Court Judge ruled that no fines should be given, saying that while the man didn’t clear the snow completely, he did remove it.

Crown prosecutors then argued the judge misinterpreted the bylaw and appealed the ruling.

But a BC Supreme Court judge has dismissed the appeal.

“The bylaw requires the owner or occupier of a property to ‘remove snow and ice from any sidewalk,'” the judge said in the ruling. “It does not require the clearing of all snow and ice from any sidewalk. Further, even the City of Vancouver’s website, although it refers to ‘clear’ instead of ‘remove,’ does not state it is necessary to require the clearing of all snow and ice off a sidewalk.”

“While I accept that the purpose of the Bylaw is the safety of the public, I cannot accept that the proper interpretation of the Bylaw is that any amount of snow or ice on a sidewalk constitutes a safety hazard.”