Definition of an “Occupier” under the Occupiers’ Liability Act (C-22)
The Occupiers’ Liability Act (the Act) governs the duty of care owed by those who control or have responsibility over premises.
According to the Act, an "occupier" is defined as:
a person who is in physical possession of premises, or has responsibility for and control over the condition of premises, the activities conducted on those premises and the persons allowed to enter those premises, and for the purposes of this Act, there may be more than one occupier of the same premises." This means that an occupier does not necessarily have to own the property—they simply need to have control over it.
Legislative Intent: The Act Modifies Common Law Duty of Care
Before the enactment of the Occupiers’ Liability Act, Alberta courts applied common law principles to determine an occupier’s liability. Under common law, an occupier’s duty of care varied based on the visitor’s classification (e.g., invitee, licensee, trespasser).
The Occupiers’ Liability Act replaces this classification system and instead imposes a general duty of care on occupiers to take reasonable steps to ensure that all visitors are reasonably safe while on the premises.
The Act applies to all types of premises, including common property within a condominium complex, such as hallways, lobbies, parking areas, and recreational facilities.
Relationship to Condominium Management
A condominium corporation may be considered an occupier under the Act if it has control over the condominium’s common areas. Similarly, a condominium manager may also be considered an occupier if they are responsible for maintaining and managing these areas on behalf of the corporation.
The condominium corporation’s bylaws and management agreements often outline the responsibilities of both parties in maintaining common property. If these areas are not properly maintained, the corporation and/or the manager could be held liable for injuries or damages that occur on the premises.
Practical Examples
When is a Condominium Corporation or Manager an Occupier?
Example 1: Icy Walkway Leading to a Slip-and-Fall Accident
A resident slips and falls on an unsalted icy walkway in a condominium complex.
The condominium corporation, as the occupier of common property, may be held liable for failing to maintain safe conditions.
If a condominium manager was responsible for hiring and supervising a contractor to clear the ice, they may also share liability.
Example 2: Faulty Security System Leading to Unauthorized Entry
The condominium’s security system malfunctions, allowing unauthorized individuals to access the building.
A break-in occurs, and a resident’s unit is vandalized.
The condominium corporation, as the entity responsible for common area security, could face liability if reasonable steps were not taken to repair the system.
If a condominium management company was responsible for monitoring and maintaining the security system, they could also be held accountable.
Example 3: Swimming Pool with Inadequate Signage
A swimming pool in a condominium building does not have proper signage warning of shallow water.
A resident is injured while diving into the pool.
The condominium corporation, as the entity overseeing the property, could be liable for failing to provide adequate safety measures.
If the condominium manager was tasked with maintaining the pool area, they could share in the liability.
