Create a comprehensive Canadian landscaping service contract covering scope of work (mowing, planting, hardscaping), Ontario Cosmetic Pesticides Ban (O. Reg. 63/09) compliance, WSIB/WCB workers' compensation for construction-related landscaping, WHMIS 2015 chemical safety, seasonal and year-round contracts, plant survival warranties, weather and force majeure, GST/HST, change orders, and province-specific governing law.
What Is a Landscaping Service Contract (Canada)?
A Canadian Landscaping Service Contract is a legally binding agreement between a property owner or manager and a landscaping contractor for the delivery of outdoor maintenance, design, and installation services. The contract establishes the scope of landscaping work — from routine lawn mowing and garden maintenance to larger projects like hardscaping, retaining wall construction, and irrigation system installation.
Canadian landscaping contractors must navigate a unique regulatory landscape. Ontario's Cosmetic Pesticides Ban (Ontario Regulation 63/09 under the Pesticides Act) prohibits the cosmetic use of most pesticides on lawns and gardens, limiting contractors to low-risk pesticides and biopesticides listed on the provincial Allowable List. Similar bans exist in Quebec, New Brunswick, Nova Scotia, and Prince Edward Island. Contractors using any chemical products must comply with the Workplace Hazardous Materials Information System (WHMIS 2015), ensuring proper labelling and Safety Data Sheets for hazardous substances.
Workers' compensation requirements add another layer of complexity. In Ontario, the WSIB expanded compulsory coverage to independent operators in construction-related landscaping activities — including excavating, grading, fencing, and masonry — effective January 2020. Principals hiring landscaping contractors for construction activities must obtain WSIB clearance certificates before work begins. The contractor's status as an independent contractor (versus employee) is determined by the CRA four-fold test examining control, ownership of tools, financial risk, and integration.
When Do You Need a Landscaping Service Contract (Canada)?
A Canadian Landscaping Service Contract is essential whenever a homeowner, property manager, commercial property owner, or condominium corporation engages a landscaping company for ongoing maintenance or a specific project. Residential clients hiring a landscaper for weekly or bi-weekly lawn mowing, garden bed maintenance, and seasonal cleanup need a contract specifying exactly which services are included, the schedule, and the seasonal start and end dates.
Commercial property owners and property management companies require contracts for common area maintenance of office parks, retail plazas, and industrial properties. These contracts typically span multiple years and include detailed scope specifications, service level standards, insurance requirements (typically $2 million minimum CGL coverage), and WSIB clearance certificates.
The contract is particularly important for larger installation projects — interlock patios, retaining walls, irrigation systems, and sod installation — where building permits may be required, materials must meet code specifications, and plant warranties protect the client's investment. Canadian weather creates unique seasonal challenges: contracts must address spring cleanup after winter damage, fall winterization, and the impact of weather delays on project timelines.
What to Include in Your Landscaping Service Contract (Canada)
A comprehensive Canadian Landscaping Service Contract must clearly identify both parties with legal names and addresses, specify the property location and description, and detail every service to be performed. The scope should distinguish between routine maintenance (mowing, edging, weeding) and project work (installation, construction), as each carries different pricing, timeline, and permit requirements.
Seasonal dates are critical in Canadian landscaping contracts. Most residential contracts run from April or May through October or November, with the exact dates depending on the province and climate zone. The contract should specify the service frequency (weekly, bi-weekly, monthly), the time of day for service visits, and the process for weather-related postponements.
Pricing should be stated in Canadian dollars with the applicable GST/HST rate, the payment structure (seasonal flat rate, per-visit, or monthly retainer), deposit requirements, and payment method. A change order provision is essential for modifying the scope during the contract term. Insurance provisions should require commercial general liability coverage (typically $2 million minimum), WSIB/WCB clearance where applicable, and proof of automobile insurance for vehicles used on the property.
The pesticide compliance clause is unique to Canadian landscaping contracts and addresses provincial cosmetic pesticide bans, notification requirements before chemical applications, and mandatory signage after treatment. A plant warranty clause protects the client's investment in newly installed plant material. The independent contractor clause should reference the Sagaz test and CRA four-fold test to establish the proper legal relationship and allocate tax responsibilities.
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